The Bank With the Most Homes in the End Wins, But Every Now and Then, Their Attorneys Have Screwed up! 2011 Case

I have to pause and wonder, if any of those who have been fighting with homeowners to keep their homes,have learned anything. The funny thing about this particular case was, the lender was up against a Military Man, in a Military town in South Georgia, and they called the man a liar. The man was not behind on his payments, they were auto paid from his bank account. My understanding is that the attorneys were from McCalla Raymer, who fired them all after the award!
Even so, all these years later, in Georgia, anyone and everyone can foreclose on you. We still are not safe!

article-1374404-0-B86066-F00000578-89-468x297

https://www.msfraud.org/jury-awards-homeowner-$21-million-in-mortgage-lawsuit_4-11.html

We came across this 2011 case in the MSFraud article archives and noticed the story no longer appears in Military News. We did some research and located the following articles, one attorney’s summation of the case, and some of the case documents. – MSFraud.org | 10/16/13

Jury Awards Homeowner $21 Million In Mortgage Lawsuit
04/06/11| Huffington Post

A federal jury has awarded a Georgia man more than $21 million in a lawsuit pitting the homeowner against one of the nation’s largest mortgage servicers.

U.S. Army sergeant David Brash was awarded the damages in March, after a Columbus, Ga. jury found that PHH Mortgage, the country’s eighth largest mortgage servicer, had incorrectly reported Brash to credit score companies as “seriously delinquent” despite the fact that all his mortgage payments had been automatically deducted from his paycheck.

According to court documents, Brash sent letters to the mortgage company that went unanswered, violating federal laws. When he called his mortgage company to find out why his payments were not going through, his attorneys said, he was repeatedly routed to overseas customer services staff who couldn’t answer his questions.

“PHH’s corporate representative testified that call center representatives had limited access to information,” Teresa Abell, one of Brash’s attorneys told The Huffington Post. Some of Brash’s calls — which were automatically recorded by PHH — were played in court, Abell explained. “The jury got a flavor of what would happen, he could be put on hold for 30, 45 or 55 minutes, then representatives would give him whatever story they had concocted,” she added. Different representatives told Brash different things, many of which were simply not true, Abell alleged. “They would tell him they would investigate and get back to him in 24 hours, he’d call back, and another representative would tell him “there is no investigation being done on your account.””

Consumer websites are packed with homeowner complaints of mistakes by mortgage companies and banks that can be impossible to set right — in part thanks to unhelpful customer service departments. In the most extreme cases, these problems may have led to wrongful foreclosures. In January, JPMorgan Chase admitted to overcharging military families on their mortgages, illegally foreclosing on 14 families as a result. In February, The Huffington Post reported on a couple who were facing foreclosure despite having proof they had made every mortgage payment. In circumstances echoing Brash’s, PHH Mortgage reported that homeowner, Kendra Parker, to credit rating agencies for missing payments, destroying her credit rating.

An investigation by all 50 state attorneys general launched last fall when improper paperwork practices at banks and mortgage companies — like the “robo-signing” scandal — came to light found many banks and mortgage servicers violated numerous state laws in handling mortgages and foreclosures. While banks expect penalties, it is unclear whether homeowners affected by their banks’ actions will have any recourse.

Brash’s case remains one of a few in which homeowners have successfully established that their mortgage company was in the wrong, but lawyers say more are on the horizon.

Brash originally took out the $160,000 mortgage on his Columbus, Ga., home in November 2007, setting up automatic payments so his $1,300-a-month payments would be deducted from his army salary. During the trial, the jury heard the homeowner called the mortgage company twice to make sure the paperwork was correct. In court, representatives for PHH Mortgage testified that mistakes on these forms — which customer service staff had told Brash were correct — had caused the missing and late payments.

After 15 months, according to court documents, PHH Mortgage started sending late payment notices to Brash, and threatened to report his “serious delinquency” to credit scoring agencies. After “numerous, lengthy calls” to a customer service department in India went nowhere, Brash hired an attorney who wrote a formal letter to the president of PHH about the errors. Under the federal Real Estate Settlement and Procedures Act, mortgage companies and banks have to respond to written requests within 60 business days, which PHH failed to do, the attorneys said. They did however adjust Brash’s account.

In November 2009 PHH Mortgage sent more late payment notices, this time reporting Brash to three credit rating companies and seriously damaging his credit score, according to court documents. Brash, based in Fort Benning, Ga., sued the mortgage company for breaching the federal Real Estate Settlement and Procedures Act. He also sued under Georgia state loan servicing and breach of contract laws.

Attorneys representing PHH Mortgage did not return calls for comment, but told Georgia TV news station WTVM: “Although we respect the judicial process, we believe this verdict is not supported by the facts of the case or by applicable law, and that the award is grossly disproportionate to any damages Sgt. Brash may have sustained. We intend to seek further judicial review of the case.”

The Columbus-based Ledger-Enquirer originally reported Brash’s story, but it is no longer available. This story also appeared in Military News, but it was taken down.
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article-1374404-0-B85-FF6500000578-817-468x286

Georgia jury sends $21 million message to sloppy mortgage loan servicer
4/5/2011 | Law Offices of David C. Winton

On March 21, 2011, a Columbus, Georgia jury sent a very loud message to loan servicers in the form of a $21 million verdict and punitive damage award against PHH Mortgage, an affiliate of Coldwell Banker Mortgage.

David Brash, a sergeant in the United States Army, bought a home in 2007, and obtained a $161,000 mortgage loan from Coldwell Banker Mortgage. The loan was serviced by PHH Mortgage. Sergeant Brash had his monthly payments set on autopay out of his US Army paycheck. (In fact, Sgt. Brash overpaid each month.) Things went along swimmingly for about a year and a half, until PHH began losing track of the payments, which then triggered the phone calls and letters telling him that he was delinquent. A mortgage lender losing track of payments and blaming the consumer? Say it ain’t so.

Anyhow, that started a series of very patient efforts by Sgt. Brash to resolve the issue, all of which are thoroughly described in the Complaint. The servicer’s call center was outsourced to India. (No comment on that. I very seriously doubt that Sgt. Brash would have received better treatment from his fellow countrymen.) But in an amusing instance of what’s-good-for-the-goose-is-good-for-the-gander, Sgt. Brash actually recorded the phone calls with the servicer (for quality assurance purposes right?), and the tapes of the phone calls were played to the jury. Transcripts of the calls were also admitted into evidence. I pulled the actual transcript of the phone calls from the Court’s docket, and you can review it for a good example of how to handle your own such calls. Very good evidentiary material that.

The upshot of the story? After multiple attempts to sort things out, PHH assured Sgt. Brash that things were resolved, and that the erroneously designated “late” payments had been properly credited. But then what did they do? You guessed it. They reported the false delinquencies to the Credit Cops, Equifax, TransUnion and Experian. This, in turn, caused Sgt. Brash to be denied credit. As stated in the Complaint, “Coldwell Banker Mortgage has refused to answer Plaintiff’s legitimate inquiries, and has refused to correct and straighten out Plaintiff’s account.” (See Complaint, ¶48.)

Other than the obvious appeal of David taking on and beating up on Goliath–the sheer joy of seeing an abusive loan servicer get hit–the other appeal of this case is how meticulously Sgt. Brash documents his odyssey through this experience. If you’re having trouble with your bank or loan servicer, read the Complaint that Charles Gower (Sgt. Brash’s lawyer) drafted, and review the list of trial exhibits. They are a roadmap for how to build and maintain a paper trail and document abusive loan servicer practices. This is the kind of evidence that wins lawsuits.

For lawyers who are keeping track, it appears that the gravamen of the legal theory was a violation of §2605 of RESPA. (12 USC §2605.)

——————————————————

David beats Goliath:
Homeowner wins $21 MILLION payout from mortgage firm in dispute over credit rating
4/7/2011 | DailyMail UK

It’s a rare case of the little guy taking on a big corporation – and winning.

U.S. Army sergeant David Brash has won more than $21million in damages from PHH Mortgage after it falsely claimed he defaulted on his loan.

The 29-year-old was awarded the enormous sum by a Columbus jury after he sued the mortgage company – the country’s eight-biggest – for reporting him as ‘seriously delinquent’ to credit rating companies.

Win: David Brash was awarded $21million in damages against PHH after it claimed he defaulted on his mortgage on this house in Columbus, Georgia

Win: David Brash was awarded $21 million in damages against PHH after it claimed he defaulted on his mortgage

on this house in Columbus, Georgia.

_______________________________________________

PHH claimed he was behind on his mortgage payments, when in fact they had been automatically deducted out of his Army pay cheque every month.

He set up a direct debit in 2007 when he bought the house, in Columbus, Georgia, so he wouldn’t miss any of his installments while he was on active duty at Fort Benning.

Austin Gower, one of his lawyers, told WTVM: ‘This soldier was never behind on his payments. They were taking his money and not crediting it properly.

‘I think the jury and everybody has had this experience before with the call centre and they’re fed up with it.’

He said the verdict sent an important message to the ‘billion-dollar’ company – and it needed to pay more attention to its customers.

The sergeant, who is married with a baby on the way, had no problems with his $160,000 mortgage until September 2009, when he began to get late notices in the post.

Payout: PHH, the eighth-largest mortgage company in America, has been ordered to give David Brash $21million in damages

Payout: PHH, the eighth-largest mortgage company in America, has been ordered to give David Brash $21 million in damages.

He called PHH repeatedly to find out what was going on, but each time he was put through to an outsourced customer service centre in India, where staff couldn’t answer his questions.

As the late notices continued, PHH threatened to report his ‘serious delinquency’ to credit scoring agencies – and each time Sergeant Brash called, he still couldn’t get anywhere.

Some of the frustrating calls, automatically recorded by PHH, were played out in court.

Teresa Abell, one of his lawyers, told the Huffington Post: ‘The jury got a flavour of what would happen, he could be put on hold for 30, 45 or 55 minutes, then representatives would give him whatever story they had concocted.

‘They would tell him they would investigate and get back to him in 24 hours, he’d call back, and another representative would tell him “there is no investigation being done on your account”.’

Eventually Sergeant Brash took action, and went to an attorney who wrote a formal letter to the company’s president.

According to court documents, the company failed to respond within 60 days, even though mortgage companies and banks are legally obliged to answer written requests within that time.

Frustration: U.S. Army sergeant David Brash set up automatic payments while he was on active duty at Fort Benning, Georgia – but PHH claimed he had defaulted

Frustration: U.S. Army sergeant David Brash set up automatic payments while he was on active duty at Fort Benning, Georgia – but PHH claimed he had defaulted.

The firm did at least adjust his account – and Sergeant Brash thought it was at last resolved.

But then in November 2009, the late notices began again. The firm reported him to three credit rating companies, seriously damaging his credit score.

His credit card applications were turned down and he began to worry the situation would affect his career in the army – so he decided to sue, under Georgia law and the federal Real Estate Settlement and Procedures Act.

After a six-day trial in March, a jury awarded Sergeant Brash $21,350,575, including $20million in punitive damages.
The company claimed the confusion arose because of mistakes made on Sergeant Brash’s original paperwork – even though he rang twice to check and staff told him everything was correct.
Mr Gower told WTVM: ‘The jury has spoken on the verdict. I think it was important for them to send a message to this billion dollar company.

‘Had they given a dollar verdict it wouldn’t have sent the message but I promise you, I think we got their attention now.

‘These mortgage companies need to pay more attention to their customers and not just send them to some out of country call centre. They need to take their calls and get this thing straightened out.’

According to court documents, PHH services approximately one million mortgages, valued at $163billion.

Jonathan McGrain, a spokesman for PHH, told MailOnline: ‘PHH Mortgage is recognised as one of the nation’s leading mortgage servicers, and we take our responsibilities to borrowers seriously.

‘Although we respect the judicial process, we believe this verdict is not supported by the facts of the case or by applicable law, and that the award is grossly disproportionate to any damages Sgt. Brash may have sustained.

‘We intend to seek further judicial review of the case.’
Brash v. PHH Complaint
Brash v. PHH Motion to Exclude Evidence DENIED
Brash v. PHH Jury Verdict
Brash v. PHH Judgment
Brash v. PHH Summation
Brash v. PHH Audio Recordings

‘She could’ve hurt us’: Georgia police taser 87yo Syrian woman cutting dandelions


‘She could’ve hurt us’: Georgia police taser 87yo Syrian woman cutting dandelions
https://www.rt.com/usa/436242-elderly-woman-tasered-knife-dandelions/

‘She could’ve hurt us’: Georgia police taser 87yo Syrian woman cutting dandelions

An 87-year-old Syrian woman who was cutting dandelions near her home in Georgia was tasered by police because she approached an officer with a knife. The police department has defended the move, despite outrage from her family.

When Martha al-Bishara grabbed a knife and headed to a Boys and Girls Club near her house in Chatsworth, Georgia to cut dandelions, she didn’t expect that her journey would end with being tasered. In fact, she didn’t even know what a Taser was.

To an employee of the club, however, she appeared to be a threat, because they called 911 to report that an old woman was walking around with a knife.

“This lady is walking on the bike trail, she has a knife and she won’t leave. She doesn’t speak English,” the employee said on the call, according to the Daily Citizen-News.

“She’s old so she can’t get around too well, but… looks like she’s walking around looking for something, like, vegetation to cut down or something. There’s a bag, too,” the employee said.
Read more
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When asked if the woman had come at someone with the knife, the employee clearly responded with “no, she just bringed (sic) the knife onto the property in her hand. She didn’t try to attack or anything.”

But despite knowing in advance that Bishara was “old” and apparently only looking to do some gardening, she was tasered by police less than 10 minutes after the call was received.

Footage of the incident, which has not been publicly released because criminal charges against Bishara are pending, shows Chatsworth Police Chief Josh Etheridge and Officer Steven Marshall in a standoff with the woman, according to Daily-Citizen News, which reviewed the video.

As Bishara holds the knife, Etheridge aims a pistol at her. Marshall clutches a Taser. The officers can be heard yelling at the woman to drop the knife. The footage – recorded by the body camera of a third officer – does not clearly show what the woman is doing with the knife during that time.

Bishara is soon heard crying, after taser prongs hit her left breast and stomach, according to family members who say that police should have been more patient with the elderly woman.
Read more
A video of the protest shows a guard struck with a megaphone. © The Oregonian Black-clad group protesting police brutality stage brutal attack outside Portland city hall (VIDEO)

“If they would have approached her with an open hand rather than with their guns drawn, she would have handed it [the knife] to them right away,” grandson Timothy Douhne told Daily Citizen-News. “My grandmother is the most kind, generous-hearted woman.”

The woman’s great-nephew, a former police officer by the name of Solomon Douhne, agreed. “You don’t [taser] an 87-year-old woman… she was not a threat. If anything, she was confused and didn’t know what was going on. It was a ridiculous turn of events.”

“If three police officers couldn’t handle an 87-year-old woman, you might want to reconsider hanging up your badge,” he added.

Etheridge has defended the use of the Taser, however, saying that “an 87-year-old woman with a knife still has the ability to hurt an officer.”

Bishara has been charged with criminal trespass and obstruction of an officer, both of which are misdemeanors. She was reunited with her family after spending two hours at the Murray County jail.

Etheridge said the police department will conduct an internal “use of force” review. Meanwhile, Officer Marshall remains on duty without any restrictions.

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Alan Judd/AJC: State still sending mentally ill people to homeless shelters

State still sending mentally ill people to homeless shelters

By ALAN JUDD The Atlanta Journal-Constitution 3 hrs ago
http://www.mdjonline.com/neighbor_newspapers/news/state/state-still-sending-mentally-ill-people-to-homeless-shelters/article_b4537c5d-8212-5a63-bc39-e2766efb57c0.html#tncms-source=infinity-scroll-summary-siderail-latest

ATLANTA (AP) — Mentally ill patients often left Georgia’s state psychiatric hospitals with just a bus token and directions to a homeless shelter.

For people with disabilities, these same institutions became places of permanent confinement.

This is the system that Georgia, under pressure from the federal government, pledged seven years ago to radically overhaul. But with a court-enforced deadline fast approaching, the state increasingly seems unlikely to fulfill its promises.

Georgia has less than 14 months – until June 30, 2018 – to comply with a settlement it reached with the U.S. Department of Justice in 2010. The agreement followed an investigation that concluded the state had systematically violated the rights of people with mental illness and developmental disabilities.

But the state continues to discharge patients with mental illness to places where they are unlikely to get psychiatric treatment: extended-stay motels, for instance, and even the massive Peachtree-Pine homeless shelter in midtown Atlanta. All patients with disabilities are supposed to be moved into group homes or other community-based facilities, but at the current rate of progress, the state might not meet that requirement for another 10 years.

As officials try to comply with the agreement, they also are investigating an alarming number of deaths in community-based treatment: about 350 since 2014. Those apparently include five dozen suicides.

A court-appointed monitor credits the state with making many promised improvements, especially regarding crisis intervention and other services for people with mental illness.

Still, a grim picture emerges from the monitor’s most recent report, as well as from interviews and documents reviewed by The Atlanta Journal-Constitution.

It is “absolutely essential” that the Georgia Department of Behavioral Health and Developmental Disability “act with urgency to meet its obligations,” the monitor, Elizabeth Jones, wrote in late March in a report to U.S. District Judge Charles Pannell. “Although there has been noteworthy progress in certain discrete areas of implementation, the reform efforts require additional diligent and effective actions if compliance is to be achieved within the anticipated timeframe.”

Department officials declined to be interviewed.

In a statement, the agency did not say whether it expects to meet the deadlines next year. But the department said it is moving at “a reasonable pace” to move. “Transitions are carefully and individually planned to meet the unique needs and preferences of each individual and to provide the best opportunities for success in the community.”

The agency said it welcomed the monitor’s “reflections and recommendations.”
Neighbor News Online Updates

The Justice Department began investigating Georgia’s psychiatric hospitals in 2007 after a Journal-Constitution series, “A Hidden Shame,” exposed a pattern of poor medical care, abuse, neglect and bad management that had caused dozens of unnecessary deaths.

Transforming a historically troubled mental health system has been a slower process than perhaps anyone envisioned when state and federal authorities put together a plan. Already, a judge extended the deadline for compliance once, from 2015 to 2018.

The state has spent millions of dollars and reorganized the bureaucracy that oversees the hospitals and community treatment. It also closed two state hospitals, in Rome and Thomasville. All that’s left of Central State Hospital, the notorious facility in Milledgeville that once warehoused as many as 12,000 people, is a unit for people committed through the criminal justice system.

In past years, the state hospitals, especially Georgia Regional Hospital/Atlanta, sent scores of newly discharged patients to locations where continued treatment seemed unlikely: homeless shelters, street corners, even an abandoned van on a street in Atlanta’s West End.

But from 2016 to 2017, according to the monitor’s report, the hospitals cut discharges to homeless shelters by half. At the same time, however, the number of patients placed in extended-stay motels quadrupled.

Georgia – Near Atlanta – Bridge on I-85 Collapse


Officials provide updates on I-85 bridge collapse, investigation
http://www.mdjonline.com/neighbor_newspapers/dekalb/officials-provide-updates-on-i–bridge-collapse-investigation/article_5ac439f8-1637-11e7-bf46-076851367242.html#utm_source=mdjonline.com&utm_campaign=%2Fneighbor-newspapers%2Fnewsletters%2Fbreaking%2F%3F-dc%3D1490982235&utm_medium=email&utm_content=headline
Christine Fonville 11 hrs ago Comments

During a 12:30 p.m. press conference today, Russell R. McMurry, Commissioner of the Georgia Department of Transportation; Mark W. McDonough, Commissioner of the Georgia Department of Public Safety; Joel Baker, Fire Chief of the City of Atlanta Fire Department; Keith Parker, CEO of MARTA and Chris Tomlinson, Executive Director of GRTA/SRTA addressed the media and public with updates about the investigation into the I-85 bridge collapse and what commuters can expect going forward. The following is information released at the conference:

-About 700 ft of the bridge will need to rebuilt. This includes about 350 ft on the northbound side and 350 ft on the southbound side. McMurry said the project will take “several months.”

-According to McMurry, the materials stored under the bridge were “common construction products, conduit and PVC plastic.” He emphasized that the materials were noncombustible and had been stored in that area since around 2006. McMurry also stated that “it is not an uncommon practice to store [those materials] under bridges.

-When asked why the materials got hot enough to cause the bridge to collapse, Baker responded, “it was due to the amount of materials involved, which generated a lot of heat.”
Neighbor News Online Updates

-McDonough said there would be no way to “produce detours on city streets,” and that drivers need to start planning alternate routes to avoid I-85. He described the current traffic plan as, “simple: use I-285.”

-MARTA ridership has seen a 25 percent surge and there has been an 80 percent increase in sales which Parker noted is proof that people are “preparing to find alternate transportation methods.” MARTA extended more trains this morning and will increase the amount of service they run during the weekends. Parker also said that Park-n-Ride lots are filling up in and around metro-Atlanta.

Check back with Neighbor News Online for more updates.

That’s one hell of a way to get people in Georgia to give up driving, collapse the bridges.

Under New Ownership

The property next door, changed hands, and I cannot in good conscious, continue with the old stories about the property.  Who knows where Robert (previous owner) went, or what happened to him. We have a good idea, but without any kind of evidence, I dare not say more.  
I will update as soon as I have something nice to say. Mama always said, “If you can’t say nothing nice, don’t say anything at all”. I personally added, unless you have the proof.

Unless and until things move along, it would be best if I get rid of all the inferences to criminal owners and illegal acts, etc. That way, I cannot be accused of slandering, defaming, libeling the new owners of the property. I will say, that the property had changed hands in May 2015, but change of ownership was not recorded into DeKalb County Georgia Records, until July 2015.

They have the house boarded up, but that does not mean there is no work being done over there, or that no one is planning to pick up harrassing us where DiNapoli left off. Only time will tell. We been here almost 21 years now, we ain’t going nowhere.

I will be revamping my blog, Keep a heads up yall, Fukushima is still killing us softly and slowly.

Kondaur Capital Corp.


Hi yall!

What I am searching for, is anyone in Georgia that has been, is in the middle of, or will be in foreclosure, in which at any time during their loan, Konaur Capital Corp. was either Lender, Servicer, Assignee, or Assignor.


If anyone in Georgia has ever had Kondaur involved with their loan/loan documents,

Please respond here to this post, or contact me any other way, but contact me…


Thanks yall and have a wonderful day!

🙂