The experience described herein is not unique to the homeowner who is sharing his experience in order to help others save their homes and obtain a modicum of justice over a bank that systematically as a matter of court attempts to deny homeowners of due process because they more likely than not cannot prove they are the owner of the loan nor that they have legal standing. The homeowner in this article has been engaged in an unnecessarily protracted legal fight as a plaintiff for four years in a Chapter 11 Bankruptcy case and adversarial action in the US Bankruptcy Court in California. Chase and their attorneys have dealt with the homeowner in typical Chase fashion -- delay, withhold, delay, obfuscate, delay, obstruct.Homeowners in foreclosure and/or their attorneys should carefully inspect any documents that are given to you which have been represented as copies of originals. Insist on color copies. You will not be able to discern the alterations on Black and white copies. You will need a forensic expert to inspect your documents.
In fact a Class Action lawsuit has been filed against Chase for similar issues.
In late January 2012, a few days before discovery cutoff, attorneys representing JPMorgan provided a California homeowner by email a copy of a Deed of Trust, an Adjustable Rate Rider, a Promissory Note and a Prepayment Penalty Addendum which Chase represented to each be a copy of the original documents held in the office of this law. The files provided to the homeowner were digitally scanned color images of the purported original documents (Deed of Trust, Adjustable Rate Rider, Promissory Note, and Prepayment Penalty Addendum). Bank, NA
The forensic issue is whether the documents are "Photoshopped." It is not whether the signature looks like your signature. Just about anyone with limited Photoshop skills can easily lift a signature from a Black & White copy and colorize it. You must seek out a forensic expert with Photoshop expertise. The cost is about $600 for an opinion.Chase does not have the original loan documents. If they did have the originals,, Chase would have produced them in discovery long ago. Chase has consistently refused to produce chain of title or chain of holders of the note over the period of 2008-2012. One can surmise that the actual evidence probably indicates that Chase does not own the loan. Let me reiterate -- Chase has produced no original documents in 4 years for either the first or the second. This homeowner is not the only litigant having this "Chase experience" in a court of law.
Please refer to ERNEST MICHAEL BAKENIE vs JPMORGAN CHASE BANK NA et al (a Class Action, Case # SACV12-0060 JVS (MIGx) filed January 13, 2012 in the US District Court in Central California in Santa Ana. The plaintiff, Bakenie, alleges that Chase has been passing off fabricated documents in court rooms across California in literally thousands of cases. So you must understand that this is how Chase does business and this particular case is not unique. That is why you are also at risk.
Link to case filing: http://www.courthousenews.com/2012/01/17/HidenSeek.pdf
As a side bar, the use of blank endorsements on creates a huge untraceable marketplace where drug and other criminal operations can launder vast amounts of money without government scrutiny.
- Are California homeowners losing their homes to foreclosure on the basis of forged or manufactured documents?
- Are banks perpetrating a fraud on our Courts?
- Are banks actually the party "trying to get a house for free"?
- What can we do about this?