On January 13, 2012 the Law Office of J. Arthur Roberts in Newport Beach, California filed a Class Action Complaint, Ernest Michael Bakenie and others vs. JPMorgan Chase Bank, NA and Does 1-10, in the United States District Court, Central District of California located in Santa Ana. Case No. SACV12-0068 JVS (MLGx). This is a class action for over $10,000,000.00 where at least one plaintiff is diverse from one defendant. The Defendants are conducting business in the state of California.
A federal class action lawsuit is founded on California's unfair/unlawful acts statute and alleges JPMorgan Chase routinely falsifies documents to deceive bankruptcy judges into believing Chase is the beneficiary in bankruptcy cases, and goes so far as to Photoshop documents to “create the illusion” of standing “in tens of thousands of bankruptcy cases.” The action alleges among other things that JPM engaged in perjury, fraud and intentional misrepresentation by manufacturing a chain of title transfer evidence in order to falsely prove it stands in thousands of bankruptcy matters; andused manufactured evidence to deceive the bankruptcy court and other bankruptcy players as to the identity of the true beneficiary or creditor of Class Members’ non-negotiable promissory notes (MLNs).
The plaintiff, Ernest Michael Bakenie, owns real property in Newport Beach, CA.
JPMorgan Chase Bank NA ("Chase") is a national banking association organized and existing under the laws of the United States, headquartered in the State of New York and doing business in the State of California.
Injunctive relief is sought.
- CHASE is engaged in systemic fraud upon the Bankruptcy Courts and other bankruptcy players for financial gain.
- That CHASE has violated federal perjury statute 18 USC 1621.
- Plaintiff believes and alleges that CHASE is "engaged in the business practice of deceiving" bankruptcy judges, Chapters 7, 11, and 13 Trustees, the Offices of the United States Trustee, creditors, creditor attorneys, debtors in possession, debtors, and debtors attorneys as to CHASE's "status as a secured creditor in tens of thousands of bankruptcy cases filed nationwide."
- Bakenie further alleges that through the use of fabricated assignments, endorsements and affidavits that purport to transfer Deeds of Trust, Notes, and rights to all monies due under the terms of tens of thousands of non-negotiable promissory notes that CHASE has demonstrated a patter and practice of playing "hide-and-seek" with debtors, judges and other bankruptcy players.
- CHASE intentionally conceals the identity of the true parties in interest to enforce the tems of tens of thousands of residential non-negotiable promissory notes for its own financial benefit to the detriment of the integrity of the bankruptcy system.
- CHASE services tens of thousands of residential home loans, many of which are pledged to Mortgage Backed Security Trusts.
- CHASE allegedly acquired the assets of WASHINGTON MUTUAL BANK NA (WAMU) from the FDIC after WAMU failed and was placed in receivership.
- CHASE network attorneys file proofs of claims and Motions for Relief from Automatic Stay and falsely claim to be the party entitled to the monies due under the terms of the Notes
- That the PSA (Pooling and Servicing Agreement of each private Mortgage Backed Trust serviced by CHASE contemplates no less than THREE true sales of each MLN from originator to sponsor to depositor and finally to the Trustee of the MBS (the "Chain of Title").
- CHASE and agents frequently lack evidence of the multiple transfers required to establish legitimate standing in bankruptcy, particularly in the case of WAMU originated Notes.
- CHASE et al refuses to offer the actual evidence of the transfers due to costs associated with providing standing of the true "chain of title."
- Rather than prove up its own standing or the standing of the MBST, CHASE systematically misrepresents CHASE or a designated MBST to be a creditor in vast numbers of bankruptcy cases by utilizing manufactured documents.
- That CHASE et al "fabricated evidence is 'photo-shopped' and is HIGHLY PERSUASIVE and authentic in appearance so as to ensure legal victory in bankruptcy courts for unjust enrichment.
- That the said practice allows CHASE to dump defaulted loans that were never properly securitized b WAMU and other originators acquired by CHASE by creating "the illusion of a valid transfer."
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