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SUPREME COURT OF ARIZONA


En Banc
IVO QUEIROZ, an unmarried man,

)
)
Plaintiff-Counterdefendant/
)
Appellant,
)
)
v.
)
)
DANIEL HARVEY,
)
)
Defendant-Counterplaintiff/
)
Appellee.
)
)
)
)
_________________________________ )

Arizona Supreme Court


No. CV-08-0308-PR

Court of Appeals
Division One
No. 1 CA-CV 07-0309
Maricopa County
Superior Court
No. CV2005-004469

O P I N I O N

Appeal from the Superior Court in Maricopa County


The Honorable Colin F. Campbell, Judge
The Honorable Bethany G. Hicks, Judge
AFFIRMED
________________________________________________________________
Opinion of the Court of Appeals, Division One
___ Ariz. ___, ___ P.3d ___ (App. 2008)
2008 WL 2058233 (May 15, 2008)
VACATED
________________________________________________________________
GUST ROSENFELD, P.L.C.
By
Charles W. Wirken
Attorneys for Ivo Queiroz

Phoenix

JENNINGS, STROUSS, & SALMON, P.L.C.


By
David B. Earl
David Brnilovich
Attorneys for Daniel Harvey

Phoenix

THOMAS, THOMAS & MARKSON, P.C.


Phoenix
By
Neal B. Thomas
Attorneys for Amici Curiae Arizona Association of Realtors,
West USA Realty, Inc., and John Hall & Associates
________________________________________________________________
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R Y A N, Justice
1

In

this

opinion,

we

address

whether

court

may

consider a real estate agents inequitable conduct in deciding


if the agents principal is entitled to specific performance of
a contract for the sale of real estate.

We conclude that the

agents inequitable acts may be imputed to the principal whether


or not the principal knew of the agents misconduct.
I1
2

Daniel Harvey listed ten acres of land in Tonopah for

sale.

Through his agent, Charles Harrison, Ivo Queiroz offered

to purchase the land, along with an additional ten acres.

The

purchase offer called for a $1,000 earnest-money payment and a


closing date of February 15, 2005.
was

$150,000,

with

$68,000

due

finance the balance of $82,000.

The proposed purchase price


at

closing.

Harvey

was

to

A counteroffer, faxed the next

day and accepted by Queiroz, retained the closing date and the
earnest-money requirement, but changed escrow agents.

Harrison

faxed the contract to the escrow agent on December 10, but sent
no earnest money during the following week.
3

Harvey and his agent became concerned about Queirozs

Because this case was tried to the bench and findings of


fact were entered, we defer to the superior courts findings of
fact unless clearly erroneous.
Valley Med. Specialists v.
Farber, 194 Ariz. 363, 367, 11, 982 P.2d 1277, 1281 (1999).
2
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failure to deposit the earnest money.


Harrison were unavailing.
Harveys

agent

cancelled.

told

the

Page 3 of 11

Repeated efforts to reach

Finally, on Friday of that week,


escrow

agent

that

the

contract

was

Either that night or the next day, Harrison learned

that Harvey had cancelled the contract.

Nevertheless, on the

next Monday morning, Harrison took two money orders amounting to


$1,000 to a branch of the escrow company.

Several hours later,

Harveys written notice of the cancellation arrived at another


branch of the escrow agents office.2

Harveys agent returned

Harrisons earnest money, informing him that the contract had


been cancelled.
4

Queiroz sued Harvey, seeking specific performance of

the contract.

The superior court found that Harrison had acted

inequitably and thus denied Queiroz specific performance.

The

court determined that Harrison lied about the source of the


earnest money, testifying that it was Queirozs when in fact it
was Harrisons.

The court found that in providing the earnest

money Harrison either made an undisclosed loan to Queiroz or


commingled

his

own

money

with

Queirozs

funds.

The

court

The contract called for written notice before cancellation.


The superior court concluded that the failure to timely pay the
earnest money was a material breach.
The court of appeals,
however, concluded that payment of the earnest money before the
written notice of cancellation had been received cured the
breach. See Queiroz v. Harvey, __ Ariz. __, __, 18, 22, __
P.3d __, __ (App. 2008).
Harvey did not seek review of this
holding.
3
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further found that Harrisons subterfuge went further when he


printed his name, rather than signing it, on the purchase offer
because he did not have the required earnest-money check, failed
to return phone calls, and raced to the escrow agent to deposit
the

funds,

Finally,

knowing

the

court

that

Harvey

found

that

had

cancelled

Harrison

had

the

contract.

not

testified

truthfully.
5

The court of appeals reversed.

__, 18, 22, __ P.3d at __.


fraudulent

or

dishonest

principal

for

purposes

acts
of

Queiroz, __ Ariz. at

The court held that an agents


could

an

not

equitable

be

attributed

defense

absent

personal involvement or knowledge of the principal.


31.

to

the

Id. at

The court concluded that it could not determine whether

Queiroz

knew

of

Harrisons

conduct

and

therefore

could

not

decide whether the superior court would have reached the same
result based solely on Harrisons misrepresentations about the
escrow

check.

Id.

further proceedings.
6

We

granted

at

32.

It

consequently

remanded

for

Id.
review

because

whether

an

agents

inequitable conduct is chargeable to the principal is an issue


of statewide importance and is likely to recur.

ARCAP 23(c).

We

5(3)

have

jurisdiction

under

Article

6,

Section

of

the

Arizona Constitution and Arizona Revised Statutes (A.R.S.)


12-120.24 (2003).
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II
7

trial

courts

grant

or

refusal

of

performance is reviewed for an abuse of discretion.


Statler, 20 Ariz. 81, 84, 176 P. 843, 844 (1918).

specific
Kimball v.

Queiroz does

not dispute that specific performance, although a routine remedy


in actions involving contracts for the sale of real property,
may properly be refused on the basis of unclean hands.

See

MacRae v. MacRae, 57 Ariz. 157, 161, 112 P.2d 213, 215 (1941)
(It is a cardinal rule of equity that [one] who comes into a
court of equity seeking equitable relief must come with clean
hands.).

Rather,

Queiroz

argues

that

mere

agency

relationship does not suffice to establish inequitable conduct


and that such conduct should not be imputed to an innocent
principal.
8
of

We reject these arguments.


agency

E.g.,

law,

an

Restatement

agents
(Third)

acts
of

Under ordinary principles

bind

Agency

the

agents

6.01

principal.

(2006)

(stating

general rule that principal may work through an agent to secure


contract with third party); id. at 1.01 (agent acts on the
principals behalf); see also id. at 4.01 (explaining that
manifestation
representation

of
by

assent
an

ratifies

agent

made

an

agents

incident

to

conduct).

or

contract

conveyance is attributed to a disclosed . . . principal as if


the principal made the representation directly when the agent
5
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USCA Case #14-5265

had

actual

conveyance

or
.

circumstances
affect

Document #1527076

apparent

under

authority
Id.

which

principals

at

to

make

6.11.

legal

position

the

This

representations

enforce or rescind a contract.


9

Filed: 12/14/2014

in

Page 6 of 11

contract
includes

made

by

actions

an

or

the
agent

brought

to

Id. at cmt. a.

Other courts have similarly concluded that a principal

seeking

specific

performance

inequitable conduct.

may

be

bound

by

an

agents

E.g., Handelman v. Arquilla, 95 N.E.2d

910, 913 (Ill. 1951) (rejecting specific performance based on


agents material misrepresentation);

Alexander v. Hughes, 472

P.2d 818, 819-20 (Or. 1970) (affirming the denial of specific


performance when agent misled opposing party about nature of
document signed).
10

The

Restatement

and

the

cited

cases

are

consistent

with the duties both agents and principals owe to third parties
in the context of the sale of real property.

See Lombardo v.

Albu, 199 Ariz. 97, 100-01, 13-15, 14 P.3d 288, 291-92 (2000)
(noting common law and regulatory duties).
rule

that

the

consistent

principal

with

is

bound

long-established

by

his

In addition, the
agents

principles

of

conduct

equity.

is
See

Dawson v. McNaney, 71 Ariz. 79, 87, 223 P.2d 907, 912 (1950)
(equitable
justice

rule

and

will

not

perpetrate

be
a

applied
fraud);

to

defeat

Giovani

v.

the

ends

of

Rescorla,

69

Ariz. 20, 25, 207 P.2d 1124, 1127 (1949) (equity denies title to
6
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property

Document #1527076

obtained

concealments,

or

through
through

Filed: 12/14/2014

actual

fraud,

undue

Page 7 of 11

misrepresentations,

influence,

duress,

taking

advantage of ones weakness or necessities, or through any other


similar means or under any other similar circumstances).
of these cases stands for an unexceptionable rule:

Each

Principals

may not benefit from the inequitable conduct of their agents.


III
11

The court of appeals, however, declined to apply this

rule.

The

implicates

court
the

moral

equitable relief.
at __.

concluded

that

the

blameworthiness

unclean
of

the

hands
party

doctrine
who

seeks

Queiroz, __ Ariz. at __, 25, 31, __ P.3d

Thus, the court held that imputing inequitable conduct

of an agent to a principal is not appropriate absent a showing


that the principal knew of the agents misconduct.
court

found

support

for

this

proposition

Id.

principally

Arizona case and two cases from other jurisdictions.

in

The
one

None of

these cases, however, is apposite.


12
v.

For example, the court of appeals reasoned that Weiner


Romley,

94

conclusion.

Ariz.

40,

381

P.2d

581

(1963),

supported

its

In Weiner, this Court held that when inequitable

conduct was not willful, unclean hands would not apply.

Id.

at 42-43, 381 P.2d at 582-83.

The court of appeals understood

this

must

to

mean

that

principals

themselves

act

willfully.

Queiroz, __ Ariz. at ___, 29-30, __ P.3d at __.

The court

7
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reasoned that if an individuals act must be willful for an


equitable defense to apply, then, a fortiori, a principal who
does not act at all, because his agent does, cannot be found to
have acted willfully.

Id. at 31.

Weiner, however, does not

speak to the issue in this case, which is whether an agents


conduct may be imputed to his or her principal.
13

Closer to the point, yet nevertheless distinguishable,

are Vulcan Detinning Co. v. American Can Co., 67 A. 339, 340-41


(N.J. 1907), and Associated Press v. International News Service,
240 F. 983 (S.D.N.Y. 1917).

In the former, the New Jersey court

simply rejected imputing the conduct of a defendants agent in a


prior transaction to the defendant in the separate transaction
before the court.

Vulcan Detinning, 67 A. at 341.

In this

case, however, the alleged misconduct occurred within the very


transaction that was the subject of the litigation.
14
one

Associated Press is also inapposite, as it addresses


companys

effort

to

defend

itself

against

charges

of

inequitable conduct by pointing out the inequitable conduct of


its opponents agents.
Queiroz

seeks

inequitable
contract.

specific

acts

240 F. at 984, 989.


performance

committed

by

his

by
own

Here, in contrast,

relying
agent

on
to

the
secure

very
the

Associated Press does not countenance employing the

inequitable conduct of ones own agent as a sword.

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IV
15

Queirozs

ineffectual.

additional

arguments

are

equally

First, he claims that we should protect innocent

principals from the misconduct of the agents they choose to


hire.

There

are

cases

in

which,

as

matter

of

fact,

principal cannot be charged with the acts or knowledge of his or


her agent.

E.g., Restatement (Third) of Agency 6.10 cmt. b

(outlining situations in which purported principal may not be


bound by agent).

This is not such a case.

The principles of

agency discussed above refute Queirozs policy argument that we


should protect all principals from liability, especially given
that without Harrisons acts, the deal here would not have been
completed.

As

between

the

principal

who

has

retained

an

unscrupulous agent and an innocent third party who relies on the


agents misrepresentation, it is the third party who deserves
protection.
16

Queiroz also argues that, notwithstanding Harrisons

inequitable conduct, Harvey has suffered no harm and thus he


should
This

be

forced

claim,

of

to

perform

course,

is

the
belied

sale-and-financing
by

the

contract.

transaction,

which

requires Harvey not only to sell the property, but also to carry
the mortgage for Queiroz.

Thus, ordering specific performance

in this case would effectively place Harvey in a continuing

9
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USCA Case #14-5265

relationship

Document #1527076

with

Queiroz.

Filed: 12/14/2014

Cf.

Copylease

Corp.

Page 10 of 11

of

Am.

v.

Memorex Corp., 408 F. Supp. 758, 759 (S.D.N.Y. 1976) (refusing


to

order

specific

performance

of

contracts

which

are

not

capable of immediate enforcement, but which require a continuing


series

of

acts

and

cooperation

between

the

parties

for

the

successful performance of those acts) (internal quotation marks


omitted) (applying California law).
V
17

In his response to the petition for review, Queiroz

preserved the issue of whether, assuming Harrisons conduct may


be

imputed,

superior

it

was

courts

actually

inequitable.

findings

that

We

Harrisons

defer

to

conduct

the
was

inequitable and that his statements and actions were dishonest


and misleading.

Valley Med. Specialists, 194 Ariz. at 367,

11, 982 P.2d at 1281.

Consequently, we are in no different

position than the court of appeals would have been in reviewing


the record.
26,

City of Phoenix v. Fields, 219 Ariz. 568, ___,

201 P.3d 529, 535 (2009).

supports

the

inequitably.

superior
Harrisons

courts

We conclude that the evidence


finding

conduct

that

misled

Harrison

Harvey

acted

regarding

Queirozs capacity to go forward with the earnest-money payment


and concealed his potential inability to make payments on an
ongoing basis.

See Lombardo, 199 Ariz. at 100, 12-13, 14

P.3d at 291 (noting that the ability of the buyer to perform


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goes to the heart of the transaction and that both principal


and agent have a duty to disclose).
VI
18

For

the

foregoing

reasons,

we

vacate

the

court

of

appeals opinion and affirm the judgment of the superior court.


Because the contract here requires the prevailing party to be
awarded reasonable attorneys fees, we grant Harveys request
for attorneys fees.

_______________________________________
Michael D. Ryan, Justice
CONCURRING:

_______________________________________
Ruth V. McGregor, Chief Justice

_______________________________________
Rebecca White Berch, Vice Chief Justice

_______________________________________
Andrew D. Hurwitz, Justice

_______________________________________
W. Scott Bales, Justice

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B18 (Official Form 18)(12/07)

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Page 1 of 2

United States Bankruptcy Court


District of New Mexico
Case No. 1011558j7
Chapter 7
In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Philip B. Stone
Charlotte A. Stone
P.O. Box 2626
P.O. Box 2626
Santa Fe, NM 87504
Santa Fe, NM 87504
Last four digits of Social Security or other
Individual TaxpayerIdentification No(s)., (if any):
xxxxx5986

xxxxx6044

Employer's TaxIdentification No(s)., /Other No(s) (if any):

DISCHARGE OF DEBTOR
It appearing that the debtor is entitled to a discharge,
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11 United States Code (the Bankruptcy Code).

BY THE COURT
Dated: 7/19/10

Robert H. Jacobvitz
United States Bankruptcy Judge

SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.

Case 10-11558-j7

Doc 20

Filed 07/19/10

Entered 07/19/10 05:00:29 Page


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EXPLANATION OF BANKRUPTCY DISCHARGE


IN A CHAPTER 7 CASE
This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it
does not determine how much money, if any, the trustee will pay to creditors.
Collection of Discharged Debts Prohibited
The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a
creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages
or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving
community property: There are also special rules that protect certain community property owned by the debtor's
spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay
damages and attorney's fees to the debtor.
However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against
the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a
debtor may voluntarily pay any debt that has been discharged.
Debts That are Discharged
The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but
not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was
begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts
owed when the bankruptcy case was converted.)
Debts That are Not Discharged.
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
c. Debts that are domestic support obligations;
d. Debts for most student loans;
e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations;
f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft
while intoxicated;
g. Some debts which were not properly listed by the debtor;
h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not
discharged;
i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in
compliance with the Bankruptcy Code requirements for reaffirmation of debts; and
j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings
Plan for federal employees for certain types of loans from these plans.

This information is only a general summary of the bankruptcy discharge. There are exceptions to these
general rules. Because the law is complicated, you may want to consult an attorney to determine the exact
effect of the discharge in this case.

Case 10-11558-j7

Doc 20

Filed 07/19/10

Entered 07/19/10 05:00:29 Page


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ay: 312 8
34 9717
Phone: 312-545-4554
E-mail Address: Ldms4@hotmail.com
Name: Western Progressive Arizona Inc./Ocwen Loan Servicing Arizona Street Address:
2002 Summit Blvd Suite
City: Alanta
State: Georgia 30319
Zip Code: 30319
Phone: 866 960 8299
E-mail Address:
Website Address: http://www.altisource.com/ May we send a copy of this to the
person or firm you are complaining against?
Yes
Please explain the entire circumstances surrounding your complaint below:
CHRISTOPHER STOLLER
P.O. BOX 60645
CHICAGO, ILLINOIS 60660
312-545-4554
Ldms4@hotmail.com
August 14, 2014
SERVICE LIST OF ARIZONA ATTORNEY GENERAL COMPLAINT
TO: RESPONDENTS
Ronald M. Faris
CEO/President
Ocwen Loan Servicing Arizona
1661 Worthington Road
West Palm Beach, Fl 33409
877-596-8580
www.ocwencustomers.com
William C. Erbey
Chairman of Altisource Portfolio Solutions S.A.
http://www.altisource.com/
888-255-1791
William Shepro, Director
F. Brian Sachnidermman
Mel-Ling Mitchell
Roland Muller Ineichen
Timo Vatto,
W. Michael Linn
Michelle Esterman
Keven J. Wilcox, Esq.,
Joseph Davila
Mark Hynes
C Martin Cliff
Western Progressive Arizona,
2002 Summit Blvd, suite 600
Atlanta, Ga 30319

Western Progressive-Arizona, Inc.


1150 E. University Drive
Tempe, AZ 85281
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USCA
Case
#14-5265
Document #1527076
Phone:
866-9
60-82
99
stephanie.spurlock@altisource.com
http://www.altisource.com

Filed: 12/14/2014

Page 3 of 8

ARIZONA ATTORNEY GENERAL COMPLAINT


OBJECTION TO NOTICE OF TRUSTEE SALE
Formal notice is hereby served upon the parties listed in the Service List that I
am filing an objection to the Notice of the Trustee Sale (Exhibit 1) with the
Arizona Attorney General's Office, pursuant to the legally described trust
propertythat will be sold, pursuant to the power of sale under that certain Deed
of Trust dated 05/02/2006 and recorded on 05/09/2006 as Instrument No. 20060627298,
Book----Page---and recorded on as in the official records of Maricopa County,
Arizona.
I am objection to the fraudulent Notice of trustee Sale (Exhibit 1) filed by
Western Progressive- Arizona, Inc., with the Maricopa County Recorder's Office on
7/23/2014 Document no. 20140480249 announcing that the my property known as 28437
N. 112fth Way, Scottsdale, Az 85262-4725 will be sold at public auction to the
highest bidder. At the main entrance of the Superior Court Building 201 W.
Jefferson, Phoenix Az 85003, on 11/12/2014 at 12:30PM of said day. at 1,
Document 20140480249.
The Trustee has no power and/or authority to convey the deed of trust dated
05/02/2006 because Philip Stone quit claimed his interest to Christopher Stoller
Pension and Profit Sharing Plan Limited (CSPPSP) on September 19, 2008, recorded in
the Maricopa County Recorders Office 2008-0815422 on 09/22/08. The successor
trustee was divested of its power of sale after 09/22/08. On September 19, 2008,
Philip Stone transfers and conveys to CSPPSP a Bahamas Corporation, and/or
Christopher Stoller and/or Leo Stoller (collectively, Assignees), under the Law of
Assignments of Causes of Action, insofar as permitted by law, forever, any and all
causes of action, remedies, or claims, now or in the future, that Assignor CSPPSP
have against any party, not limited to financial institution, contractors,
builders, and their employees, affiliates, successors and assigns, et al., as well
as the right to prosecute such causes of action in the name of Assignor or
Assignees or any of them , and the right to settle or otherwise resolve such causes
of action as Assignees sees fit, regarding the following real property in Maricopa
County, State of Arizona:
Lot 3, Pinnacle Foothills, according to Book 398 of Maps, Page 50, and
Affidavit of Correction recorded in Document No. 96-0145582, records of
Maricopa County, Arizona.
Assessor's Parcel Number: 216-74-044
Commonly known as: 28437 N. 112th Way, Scottsdale, Az 85262.
Claim(s) shall mean any claim, liability, right, demand, suit, matter, obligations,
damage, loss, cost, action k,or cause of action, of every kind and description that
Assignor has or may have, including assigned claims, whether known or unknown,
asserted or unasserted, latent or patent, that is, has been, could reasonably have
been, or in the future might reasonably be asserted, by Assignor in any action or
proceeding in court, regardless of legal theory and regardless of the type of
amount of relief or damages claimed, against any, known or unknown, arising from or
in any way relating to said property.
A full Release and Full Re-conveyance of said Deed of Trust and all other debts in
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USCA
Case
#14-5265
Document
#1527076
Filed:
Page
4eof
connec
tion w
ith s
ame, includ
ing the A
djustable Rate
Note12/14/2014
secured by t
he De
d8
of
Trust was filed with the Maricopa County Recorder Office
2014-0512240 08/04/14.
Notice(s) of Liz Pendens was filed on the subject real estate on 12/29/2008
2008-1090943 with the Maricopa Counter Recorders Office and again another Liz
Pendens was filed on 12/02/2013 2013-1025435.
CSPPSP, Christopher Stoller and Leo Stoller have served notice pursuant to the (1)
Three Day Notice of Rescission, (2) Three Year Notice of Rescission and (3) General
Claims Notice of Rescission or Nullification. (4) There are defects in the Trustee
Sale Notice (a) Philip B. Stone, as of 7/23/2014 does not owe a delinquency payment
of of $197,142.49. Nor does Philip B. Stone, as of July 25, 2014 owe unpaid
principle balance of $646,683.87,plus interest from 02/01/2008.
Philip B. Stone's promissory note secured by a Deed of trust and the adjustable
rate note together with the deed of trust securing same was canceled as a result of
the United States Bankruptcy Case 10-11558-17, District of New Mexico and the debt
discharge, July 19, 2010.
The former Trustee, Reconstruct Co NA, was not registered as a loan servicer,
broker with the Arizona Department of Financial Institutions as of September 9,
2011 and pursuant to their Notice of Trustee Sale Arizona recorded in the Maricopa
Recorders Office 20110752511 on 09/09/2011 and lacked the authority to transact
business within the State of Arizona. The Trustee Sale Arizona was void ab initio
and canceled by the Trustee.
ALTISOURCE PROFOLIO SOLUTIONS S.A /Western Progressive Arizona Inc., Western
Progressive LLC., William Shepro, Director, F. Brian Sachnidermman, C. Martin
Cliff, William Erbey, herein after referred to as(WPAI) (Substitution Trustee) is
not registered with the Arizona Department of Financial Institutions and is not
licensed as a broker or servicer of mortgages as of the date July 02, 2014 that
WPAI filed with the Maricopa Recorders Office its Substitution of Trustee (
20140433956).
Christiana Trust, a division of Wilmington Savings Fund Society, Trustee of ARLP
Trust 3, s not registered with the Arizona Department of financial institutions and
is not licensed as a broker or servicer of mortgages as of the date July 02, 2014.
Nor are they registered with the Arizona Corporation Division and they do not have
a corporation certificate of authority to transact business within the State of
Arizona.
On July 21, 2014 WPAI filed their Notice Notice of Trustee Sale and Debt Validation
Notice, Statement of breach and non performance, and these documents were recorded
with the Maricopa Recorders Offices on July 23, 2014 20140480249.
The successor Trustee WPAI does not qualify as a Trustee of the deed of Trust in
the Trustees capacity as an escrow agent as required by A.R.S.
33-803 (A)(6) according to the Arizona Department of Financial Institutions.
WAPI is not a registered Trustee, they have no license.
The statement of breach or non performance falsely claiming that Philip Stone is in
foreclosure because he is delinquent in payments is a false and misleading
statement, because Philip Stone debts have been discharged in Bankruptcy Case No.
10-11558-17 District of New Mexico. The Debt discharge date was July 19, 2010.
The beneficiary or substitute Trustee lacks the authority under the release and
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USCA
Case
#14-5265
Document
#1527076
Filed:
Page
of
full c
onveya
nce o
f the Trust
ee Deed a
nd the cancell
ation12/14/2014
of all of de
bts,5i
nc8
luding
the adjustable rate note, secured by the Deed of Trust and the Title of the Subject
Property being in the name of CSPPHP and cannot not be sold under the conveyance of
the Deed of Trust.
Pursuant to the Substitution of Trustee dated June 9th, 2014 Recorders Number
20140433956, Mel-Ling Mitchell, Contact Management Coordinator, is not an Officer
of Ocwen Loan Servicing LLC and is a unauthorized robo
signer.
BAC Home Loans Servicing, LP., (BAC) the successor to Countrywide Bank Na, was not
registered with the Arizona Corporation Division, was not registered as a Limited
Liability Partnership as of April 9, 2009. BAC was not registered with the Arizona
Department of Financial Institutions. BAC had no authority to convey any assignment
to RECONSTRUCT COMPANY, N.A. or Ocwen Loan Servicing LLC.
On June 3rd, 2014, the Maricopa Country Recorders Office recorded a fraudulent
assignment The record beneficial interest under said Deed of Trust as a result of
the last (fraudulent) recorded assignment thereof is Christiana Trust, A Division
of Wilmington Savings Fund Society FSB, not in its individual capacity but as
Trustee of ARLP Trust 3, by an unlawful instrument Recorded on June 3, 2014, in
Maricopa County Records at Recorder's No. 14-360515 c/o Ocwen Loan Servicing LLC
5720 Premier Park Dr West Palm Beach Fl 33407.
A representative of Ocwen Loan Servicing LLC, who claimed to be an agent, Chirag
Patel, on March 26, 20141, informed Christopher Stoller, that he was required to
have insurance for his property pursuant to a residential mortgage and since
Christopher Stoller has refused to provide a copy of the insurance, Ocwen was
placing insurance on the subject property and would be charging $3,000 annually,
for a home owners insurance policy that would generally cost about $300.00 per
year.
The alleged successor Trustee WAPI did not perform due diligence as to who the
current owner of the subject property is and is attempting to unlawfully foreclose
on Stoller's property.
WAPI is not entitled to enforce the said note or mortgage, which has been released
with a full re-conveyance of the Deed Trust and cancellation of the promissory note
and the Adjustable Rate Note securing the Deed of Trust. See
Re-conveyance of said Deed of Trust, Maricopa County Recorder Office
2014-0512240 08/04/14.
Ocwen Loan Servicing Arizona, WAPI are in violation of the Fair Debt Collection
Practices Act and the Federal Fair Debt Collection Practices Act by attempting to
collect on a debt from Philip B. Stone that is not owed.
In the fraudulent Substitution of Trustee Document Recording Requested by Premium
Title Agency, Inc., filed in the Maricopa County Recorder's office on July 2, 2014
20140433956, states that The successor trustee (Western Progressive -Arizona,
Inc.) appointed herein qualifies as trustee of the trust Deed in the trustee's
capacity as an Insurance Company as required by ARS Section 33-803, Subsection (A)
(6). The above is a fraudulent statement.
As of August 7, 2014 Western Progressive -Arizona, Inc., is not registered with the
Arizona Department of Insurance to do business in Arizona as an Insurance Company
according to Ruth Ojeda.
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Case
Document
#1527076
Filed:
Page
6 of
WAPI (
also k
nown#14-5265
as Altisour
ce Portfo
lio SA Solutio
ns), 12/14/2014
William D. Sh
epro,
Wi8
lliam
Erbey, Roland Muller Ineichen, Timo Vatto, W. Michael Linn, Michelle Esterman,
Keven J. Wilcox, Esq., Joseph Davila, Mark Hynes, breached their fiduciary duty to
the CCPS and Leo and Christopher Stoller, committing acts of gross negligence, Mal
practice, and Ocwen Loan Servicing Arizona, WAPI is liable for criminal land civil
remedies for attempted conversation, tortuous interference with the CSPPSP's
tenant, the Arizona and Illinois Consumer fraud and Deceptive Practice Act, Civil
Fraud, Aiding and Abetting, Slander of title,
NEGLIGENT HIRING AND SUPERVISION, FRAUDULENT MISREPRESENTATION/CONCEALMENT,
VIOLATION OF A.R.S. 13-2314.04, TORTUROUS INTERFERENCE WITH PLAINTIFFS CONTRACTUAL
RIGHTS, CONVERSION, PARTICIPATION IN A RICO ENTERPRISE THROUGH A PATTERN OF
RACKETEERING ACTIVITY:18 U.S.C. 1961(5), 1962, CONSPIRACY TO ENGAGE IN A PATTERN
OF RACKETEERING ACTIVITY:
18 U.S.C. 1961(5), 1962(D)
The lender does not own, control, possess, the note or the mortgage which
has been satisfied in full. The Title Agent(s), Premium Title Agency
Inc., Premium Title Services Inc., its officers, directors including but not
limited to Steven A. Nielsen, Donald A. O'Neill, Brian F. Schneiderman, Robert D.
Stile, Keven J. Wilcox2 (General Counsel) which may be the same as the Trustee, is
liable and also has insurance for errors and omissions for Title Insurance
Companies including the named agents, that issued the Policy and/or commitment will
have total liability for this fraudulent transaction to the extent it has knowledge
through its agents WAPI and/or Altisource Portfolio SA Solutions/WAPI is obligated
under Arizona State and Federal Law to immediately resend the said Notice of
Trustee Sale for November 12, 2014.
Under the State and Federal Law the promissory note and said Adjustable Rate Note
and the mortgage is now extinguished. You rights under the Trustee Deed have been
terminated.
Formal Notice is hereby served upon the Arizona Attorney General Office to forward
this Complaint to the named respondents.
Please confirm the retraction of the said Notice of Trustee Sale.
Dated 13TH day of August 2014

Christopher Stoller
State of Illinois )
) ss
County of Cook )

CERTIFICATE OF SERVICE
Service of this document is being made to all of the parties listed below by
depositing it in an envelope addressed to the person(s) above shown, with proper
postage prepaid, via certified mail and depositing the envelope in the U.S. Mail at
Chicago, Illinois on August 13, 2014.
Christopher Stoller

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Filed: 12/14/2014

Page 7 of 8

William C. Erbey
Chairman of Altisource Portfolio Solutions S.A. Loretta E Lynch
William Shepro, Director U.S. Attorney
F. Brian Sachnidermman Eastern
District
of New York
Mel-Ling Mitchell Richard K. Hayes
Roland Muller Ineichen Kenneth M. Abell
Timo Vatto, 271 Cadman
Plaza
East, 7th Floor
W. Michael Linn Brooklyn, NY 11201
Michelle Esterman
Keven J. Wilcox, Esq., Benjamin
M.
Lawsky,
Joseph Davila New
York Superintendent of Financial Services
One State Street
Mark Hynes New
York, NY 10004-1511
C Martin Cliff
Altisource Portfolio Solutions S.A. Ramona Elliott
Western Progressive Arizona, General Counsel
2002 Summit Blvd, suite 600 Executive Office for
U.S. Trustees
Altanta, Ga 30319 20
Massachusetts Ave., NW Suite 8000
Washington, DC 20530
Complaint Department
Arizona Department of Insurance
2910 N. 44th Street, Ste. 210 (2nd Floor) Phoenix, AZ 85018-7269
ARIZONA ATTORNEY GENERAL TOM HORNE
OFFICE OF THE ATTORNEY GENERAL
Phoenix Office
1275 West Washington Street
Phoenix, AZ 85007-2926
(602) 542-5025
Have you complained to the firm/agency/business? Yes What was their response? They
failed to respond Was an oral or written warranty given? Yes Did you sign any
documents? No Date of Transaction: 07/23/2014 Place of Transaction: Letter setting
a Notice of trustee Sale Total Amount of Damages: The Value Salesperson's Name:
Witness to Transaction:
Was the product or service advertised? : No If yes, indicate the date and how it
was advertised:
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#14-5265
Filed: 12/14/2014
Page 8 of 8
Do you
haveCase
an at
torney? NoDocument #1527076
If yes, please provide the attorney's name and address:
Is any legal action pending? : No
List any other consumer agencies contacted:
May we provide your name and telephone number to the media in the event of an
inquiry about this matter? : Yes May we send a copy of your complaint to another
government agency for their review or investigation? : Yes Additional Comments: My
home is being unlawfully foreclosures upon. There is no debt owed. Please forward
my complaint to the appropriate agency.
Your Age: Over the age of 60
Military/Veteran Status:
How did you hear about our complaint form (please choose only one): Called Phoenix
AG Office Declaration 2: Christopher Stoller
Date: 08/14/2014
The results of this submission may be viewed at:
https://www.azag.gov/node/1112/submission/22960

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Ocwen alleged Loan Number #7130908499 Philip B. Stone, 28437


N. 112th Way Scottsdale, Arizona 85262
From: << L>> (ldms40@gmail.com)
Sent: Sat 8/16/14 11:58 AM
To: hrd343@ocewn.com; william.shepro@altisource.com; William.Erbey@altisource.com;
businessdevelopment@altisource.com; chicago@sec.gov; atlanta@sec.gov; Ask Doj
(askdoj@usdoj.gov); 2020 abc (2020@abc.com); Assig cbs (assignment@cbsnews.com); editors
newsweek (editors@newsweek.com); editor weeklystandard (editor@weeklystandard.com); editor
usatoday (editor@usatoday.com); Editor Tribune (ctc-editor@tribune.com); Editor StLouisPaper
(siteeditor@stltoday.com); editor NewYork Times (executive-editor@nytimes.com);
webmaster@altisource.com
7 attachments
112th way forclosure.pdf (164.2 KB) , Affidavit Release Reconveyance.pdf (57.0 KB) ,
Consumer Complaint Form _ Arizona Attorney General.pdf (80.8 KB) , Florida Attorney General
- Contact Form.pdf (327.9 KB) , Arizona2 AG Complaint 8-13-14.odt (26.5 KB) , Letter2 to
WPAI.odt (32.6 KB) , Letter to Ocwen.odt (27.5 KB)
RE: #7130908499 Philip B. Stone, 28437 N. 112th Way Scottsdale, Arizona 85262
Mr. Chirag Patel
Confirming your telephonic conversation Thursday, August 21, 2014. You confirmed that the Notice of Trustee
dated July 23, 2014 and recorded at the Maricopa County Recorder's Office document Number
20140480249 violates the Fari Debt Collection Act by attempting to collect a debt of Philip B. Stone that was
discharged in a New Mexico Bankruptcy proceeding. Mr. Patel you stated that Ocwen is aware of the Deed
of Re-Conveyance by certified mail. That Ocwen has no lawful insterest in the property known as 28437 N.
112th Way Scottsdale, Arizona 85262 and Ocwen Loan and/or its agent Western Progressive-Arizona, Inc.,
will immediately forward Notice to: 28437 N. 112th Way Scottsdale, Arizona 85262 that the Notice of
Trustee's Sale for November 12, 2014. You stated that you would immediately email Ocwen Loan to confirm
that the Notice of Trustee Sale has been permanently canceled.
You failure to notify us that this unlawful attempt to collect a debt and the Trustee Sale for November 12, 2014
will subject you personally to liability and being named in a U.S. Federal Racketeering Lawsuit.
You have up and until Thursday August 21, 2014 to respond. Please see attached confirming

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Ocwen is violating the consent decree Case No 13-cv-02025


From: Leo Stoller (ldms4@hotmail.com)
Sent: Wed 10/01/14 11:45 AM
To: lucy.morris@cfpb.gov (lucy.morris@cfpb.gov); jeremy.shorbe@azag.gov
(jeremy.shorbe@azag.gov); sellis@atg.state.il.us (sellis@atg.state.il.us); cara.petersen@cfpb.gov
(cara.petersen@cfpb.gov); kirsten.ivey-colson@cfpb.gov (kirsten.ivey-colson@cfpb.gov);
jstump@law.ga.gov (jstump@law.ga.gov)
Cc: William.Erbey@Ocwen.com (william.erbey@ocwen.com); ronald.faris@ocwen.com
(ronald.faris@ocwen.com); ronald.korn@ocwen.com (ronald.korn@ocwen.com);
william.lacy@ocwen.com (william.lacy@ocwen.com); wilbur.ross@ocwen.com
(wilbur.ross@ocwen.com); robert.salcetti@ocwen.com (robert.salcetti@ocwen.com);
barry.wish@ocwen.com (barry.wish@ocwen.com); timothy.hayes@ocwen.com
(timothy.hayes@ocwen.com)
15 attachments
wilcox complaint.doc (79.0 KB) , Letter to Ocwen.odt (27.5 KB) , William B. Shepro2
complaint.doc (79.0 KB) , Consumer Complaint Form _ Arizona Attorney General.pdf (80.8
KB) , Affidavit Release Reconveyance.pdf (57.0 KB) , Exhibit 2 Liz Pendens Objection 8-914.odt (29.3 KB) , Objection2 to trustee Sale.odt (32.1 KB) , email to Patel 8-15-14.pdf (118.5
KB) , Letter to WPAI.odt (32.8 KB) , wilcox email 8-16-14.pdf (447.6 KB) , Order of
Discharge.pdf (17.8 KB) , 112th way forclosure (1).pdf (164.2 KB) , Philip Bankruptcy
schedules.pdf (307.7 KB) , Receipt 8-14-14 collection complaint.pdf (119.2 KB) , 8-14-14 debt
collection complaint.pdf (164.7 KB)
Lucy Morris cfbp Deputy Director
Cara M. Petersen
Kirsten A. Ivey-Colson
Matthew F. Linter, Director Consumer Protection Div.
Jeffrey W. Stump, AG Georgia Department of Law jstump@law.ga.gov
Susan N. Ellis, Chief, Consumer Fraud, AG Illinois
Re: Ocwen violation of the Consent Decree, continuing to file fraudulent Notice(s) of Trustee Sales See
attached documents.

Dear Ms. Lucy Morris


Ocwen is violating the consent decree Case No. 13-cv-02025. Ocwen has caused to be filed a fraudulent
Notice of Trustee Sale (Nov. 12,2014) on my family home located Scottsdale Arizona.
Ocwen and its third party agents Western Progressive Arizona, Inc., are attempting to foreclose on my family
home in which I do not owe any money. Ocwen through its third party agent has filed a fraudulent Notice of
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Case
Document
Filed: is12/14/2014
Page
2 of 5 owner,
TrusteeUSCA
Sale with
the #14-5265
Arizona Maracopa
Counter#1527076
Recorders office which
attached, against
the former
Philip Stone, of the said real estate, who's debts were discharged in bankruptcy.

Ocwen is in complete violation of the consent decree which is evidences by their latest Notice of Trustee Sale
documents which are attached. Ocwen is in contempt of court by the said filing.
I have contacted Ocwen, their third party agents, their attorneys, Robert R. Maddox, J.Riley Key, who are
aidding and abetting, Ocwen in their wrongful conduct (Thornwood, Inc. v. Jenner & Block, 799 N.E.2d 756
(Ill. App. Ct. 2003)) and Indirect Criminal Contempt of a criminal (Rule 42(b) is not to be tested by the more
stringent standards set for an indictment. See Bullock v. United States, 265 F.2d 683, 691-92 (6th
Cir.), cert. denied, 360 U.S. 909 (1959)).
I have demanded that Ocwen and its attorneys Robert R. Maddox, J.Riley Key, take the necessary
remedial action and withdraw the Notice of Trustee Sale for November 12, 2014 and Ocwen and their
attorneys have thus far refused in violation of the said consent decree. . I have filed attorney disciplinary
complaints against their lawyers in Florida. See attached.
The Alabama Bar has advised me that if Ocwen's attorneys Robert R. Maddox, J.Riley Key do not
immediately take the necessary remedial action to advise their client Ocwen to issue a
letter permanently rescinding the Notice of Trustee Sale attached hereto, the Alabama bar will
seek disciplinary action against Robert R. Maddox, J.Riley Key and the Georgia Bar will seek
disciplinary action against Timothy M. Hayes, General Counsel to Ocwen.
I have contacted Office of Mortgage Settlement Oversight, Monitor Joseph Smith, who informed me
that I should contact your Office of the Consumer Financial Protection Bureau and make them aware of
Ocwen's violation of the consent decree, evidence by the attached fraudulent Notice of trustee Sale. Mr. Smith
also directed me to the respective State Attorney Generals who have an interest in Ocwen's violating the consent
decree.
I am requesting that you direct a letter immediately to Ocwen, its officers and directors demanding that Ocwen
issue a letter to Christopher Stoller advising that the Notice of Trustee Sale set for November 12, 2014 is
permanently vacated otherwise we will be forced to file a Petition for Indirect Criminal Contempt against all of
the officers, directors and attorneys who represent Ocwen (a criminal contempt petition filed under Rule 42(b) is

not to be tested by the more stringent standards set for an indictment. See Bullock v. United States, 265 F.2d
683, 691-92 (6th Cir.), cert. denied, 360 U.S. 909 (1959).
Please respond by October 5th, 2014.
Most Cordially,

/s/ Christopher Stoller


6045 W. Grand Avenue Apt 414
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#14-5265
Chicago,
IllinoisCase
60660

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312-834-9717
email Ldms4@hotmail.com

cc:
Timothy Hayes timothy.hayes@ocwen.com
General Counsel
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409

cc: William C. Erbey, Executive Chairman, Ocwen Board of Directors


Ronald M. Faris, Ocwen Board of Directors ronald.faris@ocwen.com
Ronald J. Korn, Ocwen Board of Directors ronald.korn@ocwen.com
William H. Lacy, Ocwen Board of Directors william.lacy@ocwen.com
Wilbur L. Ross, Jr., Ocwen Board of Directors wilbur.ross@ocwen.com
Robert A. Salcetti, Ocwen Board of Directors robert.salcetti@ocwen.com
Barry N. Wish, Ocwen Board of Directors barry.wish@ocwen.com
Mitra Hormozi, Zuckerman Spaeder LLP
James Sottile, Zuckerman Spaeder LLP

________________________________________________________________________
From: info@mortgageoversight.com
To: ldms4@hotmail.com
Subject: RE: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Wed, 1 Oct 2014 13:05:31 +0000
Mr. Stoller:

Thank you for your email. The Office of Mortgage Settlement Oversight has been created to assist Monitor
Joseph Smith in his court-appointed role to oversee the participating banks compliance with the national mortgage
settlement (NMS). The Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,
unfortunately, we are unable to intervene on behalf of individual homeowners. However, there are some
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USCA
Case
Document
12/14/2014
Page
of 5
resources
available
to #14-5265
help homeowners
and your #1527076
best option would beFiled:
to continue
working with
your4 states
Attorney General. In addition, you may also contact the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov or 855-411-2372.

Thank you.

Office of Mortgage Settlement Oversight


P.O. Box 2091
Raleigh, NC 27602
(919)825-4748

From: ldms4@hotmail.com
To: info@mortgageoversight.com
CC: lucy.morris@cfpb.gov; jeremy.shorbe@azag.gov; gary.tan@dc.gov
Subject: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Mon, 29 Sep 2014 17:33:01 -0500

:Joseph

A. Smith Jr

Office of Mortgage Settlement Oversight


301 Fayetteville St., Suite 1801
Raleigh, NC 27601
Phone: 919-825-4748
Email: info@mortgageoversight.com

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USCA
Case #14-5265
Document
#1527076
Re: Ocwen
is violating
the Consent decree
in Case
No. 13-cv-0202Filed: 12/14/2014

Page 5 of 5

Mr. Smith

Ocwen caused a fraudulent Notice of Trustee Sale of my family home in Scottsdale Arizona. I have advised
Ocwen and their third party representatives to immediately withdraw the Notice of Trustee Sale scheduled for
November 12, 2014 see attached documents, notices of complaints, attorney disciplinary complaints etc.

Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled for Nov. 12, 2014 see
attached. The said notice of Trustee Sale is a fraudulent document filed with the Maricopa County Recorders
Office in clear violations of numerous terms of the said consent decree which Ocwen signed and you are
responsible for enforcing. The accompanying documents support my claims. I need you help to enforce the
Consent Decree against Ocwen, because they have ignored all of my correspondence.

If you need any other documents, please call me 312-283-9717

Most Cordially,

Christopher Stoller
6045 w Grand Ave Apt 414
Chicago, Illinois 60639

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Print USCA Case #14-5265

Document #1527076

Filed: 12/14/2014

Page 1 of 9

Close

RE: Ocwen is violating the consent decree Case No 13-cv-02025


From: Ombudsman (Ombudsman3@ocwen.com)
Sent: Thu 10/16/14 4:27 PM
To: ldms4@hotmail.com (ldms4@hotmail.com)
3 attachments
Stone Adjustable Rate Note.pdf (449.8 KB) , Stone Deed of Trust.pdf (1437.4 KB) , Stone
Ocwen PRH.pdf (12.3 KB)

Dear Christopher Stoller:


Ocwen Loan Servicings office of the CEO and President acknowledges receipt of your e-mail
correspondence dated October 1, 2014. As the Consumer/Customer Advocate, the Office of the
Ombudsman welcomes the opportunity to respond to your inquiry.

Attached are copies of the signed original Adjustable Rate Note and Deed of Trust signed by Mr.
Philip B. Stone indicating that the loan originated on May 2, 2006, with Countrywide Bank, N.A.
Ocwen commenced servicing this loan from Bank of America (BOA) on September 8, 2012, with
the last payment satisfied on the loan being February 1, 2008 payment.

Please be advised that Quit Claim Deed only transfers the title of the property to the person named
in the deed but it does not relinquish the person who signed the Adjustable Rate Note from their
responsibilities to a lender. However, please note that you did not sign the original collateral
documents.

A review of the loan indicates that Mr. Stone filed for protection under Bankruptcy Chapter 7 on
March 30, 2010, which was eventually discharged on July 19, 2010. As the bankruptcy has been
discharged, Mr. Stone is no longer personally liable for the debt. However, this is still a valid lien
and Ocwen may foreclose its security interest in the Real Property under the terms of the original
loan documents if the required payments are not received in a timely manner.

Please note foreclosure proceedings can be initiated if the loan is delinquent by three (3) or more
payment. Consequently, foreclosure proceedings were initiated on the loan on February 21, 2014; at
that time last payment satisfied on the loan was February 1, 2008 payment.
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USCA Case #14-5265

Document #1527076

Filed: 12/14/2014

Page 2 of 9

Attached for your review is the Ocwen Payment Reconciliation History (PRH), which indicates that
Ocwen has not received any payments on the loan since they commenced servicing of the loan and
the resulting loan status.

In order to permanently remove Mr. Stones name from the loan, you may opt to either refinance or
assume the loan. In order to confirm if the loan is assumable and request for an Assumption
Package, you may send in a written request along with a clear copy of the Driver's License to the
fax number at (407) 737-5802. Please note that Ocwen is not in a position to refinance the loans
directly. However, you may wish to approach other financial institutions, in order to refinance the
loan or if required you may contact Ocwens Customer Care Center at (800) 746-2936 for further
assistance regarding this matter.

As of the date of this email, the last payment satisfied on the loan is the February 1, 2008 payment.
The foreclosure is presently on hold. Please note Ocwen will continue to service the loan according
to the terms and conditions of the signed loan documents in order to protect its lien position and
interest in the property.

If you and/or Mr. Stone require any further assistance regarding the loan, you may contact Ocwens
Customer Care Center.

The Office of the Consumer Ombudsman is an advocate in ensuring that Ocwen's servicing of the
loan remains fair, reasonable and proper. If you still have unresolved issues, please feel free to
contact this Office at (800) 390-4656.

Sincerely,

Nilekha Ghate
Consumer Account Analyst
Office of the Consumer Ombudsman
Ocwen Loan Servicing, LLC
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USCA Case #14-5265


NMLS#1852

Document #1527076

Filed: 12/14/2014

Page 3 of 9

Please Note: This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if
you have an active bankruptcy case or have received an Order of Discharge from a Bankruptcy Court, the following
Notice Regarding Bankruptcy applies.

Notice Regarding Bankruptcy: Please be advised that if you are part of an active Bankruptcy case or if you have
received an Order of Discharge from a Bankruptcy Court, this letter is in no way an attempt to collect either a prepetition, post petition or discharged debt. If your bankruptcy case is still active, no action will be taken in willful
violation of the Automatic Stay. If you have received an Order of Discharge in a Chapter 7 case, any action taken by us
is for the sole purpose of protecting our lien interest in the underlying mortgaged property and is not an attempt to
recover any amounts from you personally. Finally, if you are in an active Chapter 11, 12 or 13 bankruptcy case and an
Order for Relief from the Automatic Stay has not been issued, you should continue to make payments in accordance
with your plan.

P.O. Box 785061, Orlando, FL 32878-5061


Telephone: (800) 390-4656

Fax: (866) 771-5152

NMLS # 1852

From: Faris, Ronald


Sent: Wednesday, October 01, 2014 1:23 PM
Subject: Fwd: Ocwen is violating the consent decree Case No 13-cv-02025

Sent from my iPad


Begin forwarded message:
From: "Leo Stoller" <ldms4@hotmail.com>
To: "lucy.morris@cfpb.gov" <lucy.morris@cfpb.gov>, "jeremy.shorbe@azag.gov"
<jeremy.shorbe@azag.gov>, "sellis@atg.state.il.us" <sellis@atg.state.il.us>,
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USCA"cara.petersen@cfpb.gov"
Case #14-5265
Document
#1527076
Filed:
12/14/2014
<cara.petersen@cfpb.gov>,
"kirsten.ivey-

Page 4 of 9

colson@cfpb.gov" <kirsten.ivey-colson@cfpb.gov>, "jstump@law.ga.gov"


<jstump@law.ga.gov>
Cc: "Erbey, William" <William.Erbey@ocwen.com>, "Faris, Ronald"
<Ronald.Faris@ocwen.com>, "ronald.korn@ocwen.com"
<ronald.korn@ocwen.com>, "william.lacy@ocwen.com"
<william.lacy@ocwen.com>, "wilbur.ross@ocwen.com"
<wilbur.ross@ocwen.com>, "robert.salcetti@ocwen.com"
<robert.salcetti@ocwen.com>, "barry.wish@ocwen.com"
<barry.wish@ocwen.com>, "Hayes, Timothy M" <Timothy.Hayes@ocwen.com>
Subject: Ocwen is violating the consent decree Case No 13-cv-02025
Lucy Morris cfbp Deputy Director
Cara M. Petersen
Kirsten A. Ivey-Colson
Matthew F. Linter, Director Consumer Protection Div.
Jeffrey W. Stump, AG Georgia Department of Law jstump@law.ga.gov
Susan N. Ellis, Chief, Consumer Fraud, AG Illinois
Re: Ocwen violation of the Consent Decree, continuing to file fraudulent Notice(s) of
Trustee Sales See attached documents.

Dear Ms. Lucy Morris


Ocwen is violating the consent decree Case No. 13-cv-02025. Ocwen has caused
to be filed a fraudulent Notice of Trustee Sale (Nov. 12,2014) on my family home
located Scottsdale Arizona.
Ocwen and its third party agents Western Progressive Arizona, Inc., are attempting
to foreclose on my family home in which I do not owe any money. Ocwen through
its third party agent has filed a fraudulent Notice of Trustee Sale with the Arizona
Maracopa Counter Recorders office which is attached, against the former owner,
Philip Stone, of the said real estate, who's debts were discharged in bankruptcy.
Ocwen is in complete violation of the consent decree which is evidences by their
latest Notice of Trustee Sale documents which are attached. Ocwen is in contempt
of court by the said filing.
I have contacted Ocwen, their third party agents, their attorneys, Robert R.
Maddox, J.Riley Key, who are aidding and abetting, Ocwen in their wrongful
conduct (Thornwood, Inc. v. Jenner & Block, 799 N.E.2d 756 (Ill. App. Ct.
2003)) and Indirect Criminal Contempt of a criminal (Rule 42(b) is not to be tested
by the more stringent standards set for an indictment. See Bullock v. United States,
265 F.2d 683, 691-92 (6th Cir.), cert. denied, 360 U.S. 909 (1959)).
I have demanded that Ocwen and its attorneys Robert R. Maddox, J.Riley Key,
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USCA take
Casethe#14-5265
Document
Filed: 12/14/2014
Page 5 of 9
necessary remedial
action#1527076
and withdraw the Notice
of Trustee Sale for

November 12, 2014 and Ocwen and their attorneys have thus far refused in
violation of the said consent decree. . I have filed attorney disciplinary complaints
against their lawyers in Florida. See attached.
The Alabama Bar has advised me that if Ocwen's attorneys Robert R. Maddox,
J.Riley Key do not immediately take the necessary remedial action to advise their
client Ocwen to issue a letter permanently rescinding the Notice of Trustee Sale
attached hereto, the Alabama bar will seek disciplinary action against Robert R.
Maddox, J.Riley Key and the Georgia Bar will seek disciplinary action against
Timothy M. Hayes, General Counsel to Ocwen.
I have contacted Office of Mortgage Settlement Oversight, Monitor Joseph Smith,
who informed me that I should contact your Office of the Consumer Financial
Protection Bureau and make them aware of Ocwen's violation of the consent
decree, evidence by the attached fraudulent Notice of trustee Sale. Mr. Smith also
directed me to the respective State Attorney Generals who have an interest in
Ocwen's violating the consent decree.
I am requesting that you direct a letter immediately to Ocwen, its officers and
directors demanding that Ocwen issue a letter to Christopher Stoller advising that the
Notice of Trustee Sale set for November 12, 2014 is permanently vacated
otherwise we will be forced to file a Petition for Indirect Criminal Contempt against
all of the officers, directors and attorneys who represent Ocwen (a criminal contempt
petition filed under Rule 42(b) is not to be tested by the more stringent standards set
for an indictment. See Bullock v. United States, 265 F.2d 683, 691-92 (6th Cir.),
cert. denied, 360 U.S. 909 (1959).
Please respond by October 5th, 2014.
Most Cordially,

/s/ Christopher Stoller


6045 W. Grand Avenue Apt 414
Chicago, Illinois 60660
312-834-9717
email Ldms4@hotmail.com

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Filed: 12/14/2014

Page 6 of 9

cc:
Timothy Hayes timothy.hayes@ocwen.com
General Counsel
Ocwen Financial Corporation
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409

cc: William C. Erbey, Executive Chairman, Ocwen Board of Directors


Ronald M. Faris, Ocwen Board of Directors ronald.faris@ocwen.com
Ronald J. Korn, Ocwen Board of Directors ronald.korn
@ocwen.com
William H. Lacy, Ocwen Board of Directors william.lacy
@ocwen.com
Wilbur L. Ross, Jr., Ocwen Board of Directors wilbur.ross@ocwen.com
Robert A. Salcetti, Ocwen Board of Directors robert.salcetti@ocwen.com
Barry N. Wish, Ocwen Board of Directors barry.wish@ocwen.com
Mitra Hormozi, Zuckerman Spaeder LLP
James Sottile, Zuckerman Spaeder LLP

________________________________________________________________________
From: info@mortgageoversight.com
To: ldms4@hotmail.com
Subject: RE: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Wed, 1 Oct 2014 13:05:31 +0000

Mr. Stoller:

Thank you for your email. The Office of Mortgage Settlement Oversight has been
created to assist Monitor Joseph Smith in his court-appointed role to oversee the
participating banks compliance with the national mortgage settlement (NMS). The
Monitors role is dictated by Exhibit D of the Consent Judgments with Ocwen and,
unfortunately, we are unable to intervene on behalf of individual homeowners.
However, there are some resources available to help homeowners and your best
option would be to continue working with your states Attorney General. In addition,
you may also contact the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov or 855-411-2372.
https://blu173.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us

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USCA Case #14-5265

Document #1527076

Filed: 12/14/2014

Page 7 of 9

Thank you.

________________________________
Office of Mortgage Settlement Oversight
P.O. Box 2091
Raleigh, NC 27602
(919)825-4748

________________________________
From: ldms4@hotmail.com
To: info@mortgageoversight.com
CC: lucy.morris@cfpb.gov; jeremy.shorbe@azag.gov; gary.tan@dc.gov
Subject: Ocwen is violating the consent decree Case No 13-cv-02025
Date: Mon, 29 Sep 2014 17:33:01 -0500

:Joseph A. Smith Jr<http://nationalmortgageprofessional.com/joseph-smith-jr>


Office of Mortgage Settlement Oversight
301 Fayetteville St., Suite 1801
Raleigh, NC 27601
Phone: 919-825-4748
Email: info@mortgageoversight.com<mailto:info@mortgageoversight.com>

Re: Ocwen is violating the Consent decree in Case No. 13-cv-0202

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USCAMr.
Case
#14-5265
Smith

Document #1527076

Filed: 12/14/2014

Page 8 of 9

Ocwen caused a fraudulent Notice of Trustee Sale of my family home in Scottsdale


Arizona. I have advised Ocwen and their third party representatives to immediately
withdraw the Notice of Trustee Sale scheduled for November 12, 2014 see
attached documents, notices of complaints, attorney disciplinary complaints etc.

Please direct Ocwen to vacate the said Notice of Trustee Sale which is scheduled
for Nov. 12, 2014 see attached. The said notice of Trustee Sale is a fraudulent
document filed with the Maricopa County Recorders Office in clear violations of
numerous terms of the said consent decree which Ocwen signed and you are
responsible for enforcing. The accompanying documents support my claims. I need
you help to enforce the Consent Decree against Ocwen, because they have ignored
all of my correspondence.

If you need any other documents, please call me 312-283-9717

Most Cordially,

Christopher Stoller
6045 w Grand Ave Apt 414
Chicago, Illinois 60639
<wilcox complaint.doc>
<Letter to Ocwen.odt>
<William B. Shepro2 complaint.doc>
<Consumer Complaint Form _ Arizona Attorney General.pdf>
<Affidavit Release Reconveyance.pdf>
<Exhibit 2 Liz Pendens Objection 8-9-14.odt>
<Objection2 to trustee Sale.odt>
<email to Patel 8-15-14.pdf>
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USCA<Letter
Case to
#14-5265
WPAI.odt>Document #1527076

Filed: 12/14/2014

Page 9 of 9

<wilcox email 8-16-14.pdf>


<Order of Discharge.pdf>
<112th way forclosure (1).pdf>
<Philip Bankruptcy schedules.pdf>
<Receipt 8-14-14 collection complaint.pdf>
<8-14-14 debt collection complaint.pdf>

******************************************************************************************
This E-mail message and any attachments are intended solely for the use of the addressee hereof and may contain information that is confidential,
privileged and/or exempt from disclosure under applicable law. Delivery of this message to any person other than the intended recipient shall not
constitute a waiver of any right, privilege or exemption. If you are not the intended recipient, please immediately notify the sender by reply E-mail and
permanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and its
subsidiaries take reasonable precautions to prevent transmission of software viruses, we cannot guarantee the same and we therefore disclaim liability for
any damage sustained by you or any third party as a result thereof

******************************************************************************************
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This E-mail message and any attachments are intended solely for the use of the addressee hereof and may contain information that is confidential,
privileged and/or exempt from disclosure under applicable law. Delivery of this message to any person other than the intended recipient shall not
constitute a waiver of any right, privilege or exemption. If you are not the intended recipient, please immediately notify the sender by reply E-mail and
permanently delete this message from your system without reproducing or disclosing it to any third party. While Ocwen Financial Corporation and its
subsidiaries take reasonable precautions to prevent transmission of software viruses, we cannot guarantee the same and we therefore disclaim liability for
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