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CORRESPONDENCE_2017-2020
Environmental Health - Public
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PR0542433
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CORRESPONDENCE_2017-2020
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Last modified
2/5/2024 1:15:07 PM
Creation date
12/14/2020 11:57:27 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
4400 - Solid Waste Program
File Section
CORRESPONDENCE
FileName_PostFix
2017-2020
RECORD_ID
PR0542433
PE
4430
FACILITY_ID
FA0024385
FACILITY_NAME
MULHAIR DISPOSAL SITE
STREET_NUMBER
19133
Direction
E
STREET_NAME
LIBERTY
STREET_TYPE
RD
City
CLEMENTS
Zip
95227
CURRENT_STATUS
01
SITE_LOCATION
19133 E LIBERTY RD
P_LOCATION
99
QC Status
Approved
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SJGOV\cfield
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EHD - Public
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Singh, Sandip [EH] <br /> From: McClellon, Robert <br /> Sent: Tuesday, May 12, 2020 8:15 AM <br /> To: Singh, Sandip [EH] <br /> Subject: FW: 19133 East Liberty Road, Clements, CA <br /> fyi <br /> From:Tony Hamer<tonyhamer@me.com> <br /> Sent:Sunday, May 10, 2020 11:29 PM <br /> To: McClellon, Robert<RMcClellon@sjgov.org> <br /> Subject: 19133 East Liberty Road, Clements, CA <br /> Hi Robert, <br /> Just to be more specific, Altisource subsidiary Western Progressive LLC - the Property Trustee for <br /> Mr. and Mrs. Mulhair - sold their Property at a small public auction which attracted no bids. They then <br /> transferred the Property to US Bank as a real estate owned asset (REO) for the cost of the unpaid <br /> mortgage (161 k) plus fees for Altisource and Ocwen ($40k), or $201 k, as is practice. <br /> Just 20 days later, Ocwen and Altisource deceptively marketed the US Bank REO on Hubzu.com, a real <br /> estate auction website for institutional sellers, and received $296k including fees (nearly a 50% profit in <br /> less than a month). <br /> According to Article 9 of the Uniform Commercial Code (Secured Lenders), lenders are legally required to <br /> refund the surplus of the sale to the foreclosed borrowers above the UPB and fees, or $95k due the <br /> Mulhairs. But Ocwen and Altisource used a two-step process designed to set the price low for transferring <br /> the REO to the US Bank securitization, and selling the price high on a real estate auction website with 1.7 <br /> million bidders. Altisource subsidiary Western Progressive could have and should have sold the <br /> foreclosed property directly on Hubzu.com, but that would have deprived US Bank of some $95k. <br /> It doesn't matter that the those gains were phantom profits, because of the hazardous waste landfill <br /> dumpsites, as Ocwen, Altisource and US Bank are claiming they knew nothing about the Property, <br /> despite Ocwen receiving your Notice to Abate addressed to US Bank on November 20, 2017 before the <br /> Property sale closed. As they claim complete ignorance of the Property conditions, I see they owe both <br /> Mr. and Mrs. Mulhair for violating Article 9 of UCC, and all penalties to the Gomez family for all the <br /> adverse environmental conditions they failed to disclose or remediate prior to marketing the Property. <br /> I have informed numerous enforcement and regulators of the RICO violations and potential FIRREA <br /> violations the defendants would be subject to, but it all starts with Altisource <br /> subsidiaries Huzu.com (auction.com) as the deceptive marketing auction website and is furthered by <br /> Western Progressive LLC foreclosure and property trustee, Premium Title of California settlement and title <br /> company, REALHomes Services and Solutions brokerage and marketing company, Tiffany Turner as <br /> licensed broker domiciled in New Jersey, Ocwen Loan Servicing LLC as the Mortgage and Property <br /> Servicer for the securitization. <br /> But US Bank as Trustee for the New Century Home Equity Loan Series 1997-NC5 was the primary <br /> beneficiary of the two-step sale process surplus taking, and has a duty to monitor their agent Ocwen for <br /> I <br />
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