October 1, 2016 – CFPB Complaint

On August 16,2016 I filed a complaint with the Consumer Finance Protection Bureau regarding the deceptive nature of the Loan Modification application process.

America’s Servicing Company responded with a ridiculous (often non-sensical) bullet point style reply that can hardly be considered a response but rather a constructed narrative that continues the deceptive actions documented in this blog.  The representative Desiree Lagerquist called me to discuss it.  In her absurd litany of reasons why they cannot restore my property, Ms. Lagerquist made the comment that I did not provide them with enough detail in the complaint.  Then I pointed out to her that I included an attachment which was a copy of most of the posts in this blog.  I added that this is an extraordinary amount of detail.  This gave her pause and she stumbled.  Then she said something along the lines of “….Oh,…Oh ya…um, we did review that”.  This must be a boiler plate justification… but at any rate, I caught her in a blatant lie.

Their response to my complaint is in this attachment.


MY RESPONSE DATED 10-1-2016

I filed this complaint in order to give the federal government details useful in restoring balance to our market based society. I will not get into a positivistic argument with the bank. Review of the attachment in my original complaint shows that this futile war has already been waged and consumers are not equipped to win this fight. The purpose of documenting the foreclosure process was so that a narrative could be constructed that reveals truths about the infringement on the rights of consumers in our pursuit of prosperity; infringement perpetrated by oligopolistic, unregulated market participants in the financial sector.  This is a case study involving the trespass on the American consumer and the harm done. It shows a progression of events in the first year of a 5 year fight in a documentary style that closely corresponds to objective reality rather than a legalistic, subjective, constructed narrative heavily influenced by corporate bias.

The banks response to my complaint was worded in the typical bank fashion which is to construct a legalistic, positivistic argument that is designed to hold up in a court where the rules have been manipulated by the Oligopolies. My interest in working with the federal government in it’s attempt to bring balance back to society is not motivated by any interest in a legal fight. I’ve already sued the bank and have discovered that homeowners of meager resources have no chance because the private legal industry is also influenced by the income provided by large corporations. My interest as a graduate of one of the best advertising schools in the country is to see balance restored to the market system (i.e. western society). In order to argue for change, it will be necessary to use federal regulation to address deception rather than the courts to remedy a contractual breach.

I can’t argue with bullet points regarding notifications, but through my documentary narrative, I can describe several problems with the loan modification application process. 1) They were deceptive on an on-going basis. 2) I was meticulous in my effort to comply with all of their reasonable requests (and even most of the unreasonable ones). 3) I was diligent in my effort to obtain adequate and accurate information needed to become rational in my decisions on how best to rectify the delinquency. 4) The delinquency was caused by conditions outside of my control. 5) Within 5 months of the first date of the delinquency, I was solvent, capable of resuming payments at their original amount. 6) The effort to deceive caused me harm. 7) I made multiple attempts to get the formula for determining NPV but the bank refused to provide me that information. 8) The NPV formula was necessary so that I could determine how to best spend the cash on had in order to qualify for the loan modification after their exorbitant fees put the full delinquency amount out of my reach.

In short, I struggled and spent hundreds of hours and over four years trying to save my home through the loan modification process and through a lawsuit that cost me over $40,000.00 and forced me into virtual bankruptcy. The bank never intended to help me with a modification because my home had equity. Consumers do not have the resources needed to fight the trespass of large corporations; this is the express purpose of the federal government. I hope that the CFPB and the Federal Trade Commission will make even half the effort that I did in this fight. By using the well developed case law and regulatory rules regarding deception, I know that the power of the middle class and hence, the principle of equality in western society will be preserved. If this does not happen, then we have reverted back to the middle ages where the wealthy aristocracy has ultimate power and the regular people have no opportunity to build prosperity for ourselves and our families.

If you ever get evicted, bring your dog…you’re gonna need him

He’s the first dog I’ve ever had (except for the shaggy mutt I found in my driveway back in ’94 while in highschool in Tyler. I couldn’t keep that one because of house rules). In 2013 (maybe…6 months before I got evicted) I decided to finally get a dog when I convinced myself that I “did” have time to care for him. My Uncle had owned a few spaniels over the years.  They were great pets and also loved outdoor activities, so, I tried to adopt a cocker spaniel named Toby from a local rescue organization. The excitement felt when my application was approved incited me to visit the pet store where I bought all the stuff Toby would need like food, snacks, bowls, crate, toys, grooming tools, etc. The next day, I find out Toby’s foster mom wouldn’t let me have him because she thought I was too inexperienced to take care of an older dog (7 yrs) with a back problem. I was so angry about it that I wrote a nasty email to the rescue people and sulked around for 3 days. On the third day (not kidding…it was literally 3 days) this skinny little shy pup appeared in my driveway on Lunar drive in Austin (the house that I would soon be evicted from due to a wrongful foreclosure). He had only a rabies tag and he looked young…maybe one to two yrs. He wouldn’t approach right away but had a smile on his face, so I sat down and tried to get him to come over. He got close but then ran off and scooted around the corner. I sat there for 2 or 3 minutes to see if he would come back. Eventually he did and slowly came close enough to let me pet him. Instantly we were best friends. He followed me around to the back yard and inside the house without hesitation. I unpacked all the stuff I had bought for Toby and figured that with no tag, my new friend must be a stray and was probably very hungry. Before I could get the bowl on the floor he was fighting his way past me to get access. He scarfed it down way too fast and then got a big drink of water. Using the number on the rabies tag, I tracked down his previous owner, found out his name was Snoopy, and that he was one of 6 in a litter. The household where he was born, had given him away to someone who promptly abandoned him. I told his former momma that he was an awesome dog and that I wanted to keep him. She agreed that Snoop found me and that all would be right with the world if he stayed. Since then, we’ve been evicted together, couch surfed in rough conditions for 7 months, been kicked out of two houses and both suffer discrimination because we’re misunderstood. A wise man once said, “No body knows you when you’re down and out”. Very true….unless you have a dog.

– me and Snoop visiting family in east Texas a couple month before eviction