COMPLAINT: WILLIAMS & CONNOLLY, LLP v. OFFICE OF COMPTROLLER OF CURRENCY
~
COMPLAINT: WILLIAMS & CONNOLLY, LLP v. OFFICE OF COMPTROLLER OF CURRENCY
~
I can also say, David, that you are 100% right about the suffering that you and I and others like us go through because of what these banks do.
I agree with you David Soffer, it is “a waiting game” and they do wait for consumer’s complaints to get old so that we give up. You and I will not do that. You are like me, persistent, we have tenacity.
I just found your post. You should have just called me instead. The attorneys for Chase are so unethical that they have a motion to dismiss the case based on my inability to respond to their egregious discovery which is clearly a misuse of the Discovery Act. the defense has done nothing to defend my claims accept to harass me with Discovery that has no merit and is so oppressive and burdensome that there can be no other conclusion that it is a violation of Rules of Professional Conduct which restrict lawyers from filing litigation that is without merit and is primarily designed to harass or drain the financial resources of the opposing party.
Furthermore the defense raised a dispute over my objections to their discovery but then acted in bad faith to resolve the dispute informally. They are required by law to make a good faith attempt at resolving discovery disputes informally before they file a motion to compel. By law the defense only has 45 days to file a motion to compel so if they raise a dispute over discovery, they must allow for sufficient time to resolve the dispute informally before their deadline.
In my case, the defense raised a dispute over my objections just 2 weeks before their deadline and the letter regarding the dispute was so long and involved that I needed substantial time to respond. However the defense acted in bad faith by offering me an ultimatum to either respond to the written discovery requests within 6 days ( which was impossible) or to give them an extension on their deadline to file a motion to compel me to respond to their written discovery. This is bad faith as the defense cannot shift this responsibility onto me. It is not my responsibility to provide the defense with enough time to file a motion to compel.
The attorney for the defense sent me an email a week before their deadline to ask me again to provide an extension as he knew that the law requires him to make a good faith attempt at resolving disputes over discovery before he files a motion to compel and that he had waited to long to accomplish this. I responded with a long letter which totally dismantled their entire defense. As a result the attorney went ahead and filed the motion to compel because there simply was not sufficient time for him to make a good faith attempt at resolving the dispute before the deadline. This way their only method to have the case dismissed. They knew the discovery was far too burdensome for me to accomplish so they had always planned on filing a motion to compel at at some point and knew eh judge would grant it because the judge is totally corrupt and would always rule in their favor whenever it really mattered.
Although I opposed the motion to compel and filed the email message from the defense which clearly demonstrated that they had waited too long to raise the dispute and consequently needed me to give them an extension on their deadline, the judge ignored this and ordered me to respond to this egregious written discovery. I had previously filed a motion for a Protective Order form this but the judge denied it. So now there is a motion to dismiss set for July 10, 2015 base don the fact that I have not complied with the court order to respond to the written discovery.
Prior to this the defense had also filed what is called a motion for a judgment on the pleadings. The defense asked the judge to enter a judgment against me based on their contention that the complaint I filed did not state enough facts to support any of my claims. This was a total and complete violation of the Rules of Professional Conduct as there was no merit to this and the litigation was clearly just designed to harass me. I opposed this and the judge actually mostly denied the motion. In reference to my claims for Deceptive Businesses Practices, Fraud, and Intentional Infliction of Emotional Distress, the judge ruled in my favor. I actually sued for Fraud, Oppression, and Malice. However the defense and the judge simply ignored the claims for Oppression and Malice as i had actually proven Malice and by law a jury could award damages just for the sake of punishing Chase for despicable acts.
As a result the discovery became a mute point as the judge ruled in my favor for these claims and it was just a mater of how much the damages were. So now there is a motion to dismiss my case on July 10, 2015 @ 9 am. It was originally scheduled for a different date but the court changed to date and sent me a letter to this affect stating that it was a scheduling issue. However I am certain that they are simply scheduling the hearing to take place when there will be no other cases on calender so that no one else will be present to witness what takes place as this is clearly wrong.
I am certain that this judge will dismiss the case even though he knows it is the absolute wrong thing to do. The who system is totally corrupt. The dirty little secret that they do not want people to know is that because the police, prosecutors, lawyers, and judges are the one who enforce the laws an rules on ethical conduct, they do not take actin against each other whenever they can avoid it (which is almost all the time) and they even cover up for each other. That way they can all get away with whatever they want. So the lawyers do not file ethics charges against eh judges and the judges do not take any disciplinary action against the attorney s no matter how unethical their behavior may be.That way they can all get away with whatever they want. And if you are representing yourself, the judges always rule in favor of attorneys whenever it really matters, no matter how right you are.
This is the real reason why so many people are protesting and rioting. There is no justice, only corruption.
David Soffer
David Soffer please read and respond to my comments. Wendy Peters
The OCC Customer Assistance Group wasted three years of my time because they do not know how to handle Legal Issues with Large Federally Owned National Banks. The Ombudsmans Office referred me to their Large Banks Department, who referred me to Dan Stipano, who in my opinion, is Tops! I call him “Dan, the Man!”
The OCC has a Legal Department that works seperate from the Ombudsman’s Office. Dan Stipano is the Deputy Chief Counsel. He is very helpful and has OCC Attorneys in the Community and Conumer Law Office in Washington DC and Houston, TX that handle cases like yours. I have a case with a Trust Fund Account with another Federally Owned National Bank. They are handling this for me.
It is in my opinon that the OCC Customer Assistance Group and the OCC Ombudsmans Office work together to avoid Consumers valid and justified Complaints against National Banks to allow these banks to continue wrongdoings. I have a similar situation with Bank of America and my Father’s Trust Fund Deposit Only Account,of which I am the Beneficiary. I have been waiting for one year to hear from the OCC Attorney’s Office in Houston, TX since my Case was sent to them. I wasted three years with the OCC Customer Assistance Group, who told me there was nothing that they could do to help me. I have spoke to a genteman in the Houston, TX location and sent an letter to the Attorney’s Office awaiting their response. I believe that this OCC Attorney will help me from what I have been informed of by the OCC Large Banks Department and the Gentleman that I have been corresponding with in Houston, TX. I will get my Case resolved!
The OCC Customer Assistance Group wasted three years of my time because they do not know how to handle Legal Issues with Large Federally Owned National Banks. The Ombudsmans Office referred me to their Large Banks Department, who referred me to Dan Stipano, who in my opinion, is Tops! I call him “Dan, the Man!”
The OCC has a Legal Department that works seperate from the Ombudsman’s Office. Dan Stipano is the Deputy Chief Counsel. He is very helpful and has OCC Attorneys in the Community and Conumer Law Office in Washington DC and Houston, TX that handle cases like yours. I have a case with a Trust Fund Account with another Federally Owned National Bank. They are handling this for me. The OCC also has a Large Banks Department.
I received and responded to a letter from the Independent Foreclosure Review Administrator in March of 2012. Included were forms to request an Independent Foreclosure Review as my property was in foreclosure during the period of time which made me eligible for such review. I filled out the forms and provided additional documents to support financial harm as it was the objective of the Independent Foreclosure Review to identify such. I was provided with a contact number for Rust Consulting who informed me that Deloitte Touch was the Independent Consultant assigned to my loan with JP Morgan Chase.
I explained that Chase had been pursuing foreclosure action for the past 3 years and was maintaining a scheduled trustee sale for my home. Rust Consulting could not provide any assistance whatsoever. I tried desperately to reach someone at Deloitte Touch but I could not receive assistance from anyone including Ann Kenyan who was in charge of the review. During this time I was defending a completely bogus civil action filed against me by the V.P. of my H.O.A. with the assistance of the H.O.A. President to cover up money they embezzled. Prior to this I had to defend a false criminal complaint they made against me. these two cases spanned over 3 years. I explained this to Chase but they informed me it was of no consequence. Being self employed, I suspended my business until the civil case was over. As a result I could not provide the tax returns, profit and loss statements, etc. which they required before they would provide assistance.
I learned that the deadline for submitting a request for review was extended from April 2012 to December 31 2012. Given the Administrator stated that additional documentation may be requested, I meticulously recorded the foreclosure activity to document the egregious actions of Chase as the Administrator noted that such behavior would receive the maximum compensation available.
I spent a great deal of time and effort to organize this material so that it would be as easy to understand as possible. After waiting 9 months for a response I learned that the OCC reached an agreement in January to end my review and to compensate me by using a general system that would place me in a category of potential harm. considering I had submitted my initial request 9 years prior, I see no reason why Deloitte Touch could not have completed my review and compensated me according to the information I provided. If the OCC wanted they certainly could have accommodated people in this manner.
It is particularly disturbing that after the egregious actions committed by Chase to foreclose on my home for 4 years, I now have to accept the fact that the OCC will allow Chase to assist in determining how I should be compensated. I filed a complaint with the OCC Customer assistance Group and it is painfully obvious that they are in collusion with Chase to ignore these egregious actions which I have proven by providing extensive documentation. As a result Chase informed me that I should direct my complaint to the Independent Foreclosure Review and the OCC Customer Assistance Group informed me that my complaint was closed.
As a result I appealed the decision but Chase and the OCC remain in collusion. I faxed a letter to Thomas J. Curry explaining the obvious collusion and also faxed a copy to the OCC Ombudsman Office. I received a letter fro, the Ombudsman that stated my letter would be forwarded to the Customer Assistance Group. i received a response from Chase who continues to try to deceive me into believing that they have responded to my appeal but in fact they have not actually responded the the OCC. the OCC informed me that there is no time frame for them to complete the appeal and in addition all they can do is make suggestions to as to what Chase should do. However the complaint operations manager of the OCC Customer Assistance Group informed me that they could not even do that.
Consequently the OCC will not proceed as they are waiting for a response from Chase and Chase will not respond because the OCC is not compelling them to do so. It seems evident that this is a waiting game. Chase and the OCC are waiting for my complaint to become so old that it is no longer relevant and/or until the individuals in the Ombudsman’s Office a re gone. They will not address the appeal now because after that I can appeal the decision to the 2nd Tier of Review which is handled by the OCC Ombudsman Office. It is perfectly obvious that this is precisely what they are avoiding.
My opinion is that the Independent Foreclosure Review was mishandled in order to prevent more fraud, egregious misconduct, and crimes from being exposed. Meanwhile individuals such as myself suffer from the manner in which the Independent Foreclosure review has misrepresented itself.
Sincerely,
David Soffer
858-213-5650